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Summaries by Bradley Pearce
- Citation:
- 20-11652 (11th Circuit, Nov 01,2021) Published
- Case Status:
- Affirmed
- Ruling:
- 11 U.S.C. § 363(m) made the individual debtors' appeal of a sale of property statutorily moot when the debtors failed to post a supersedeas bond and the sale was consummated.
In dictum, the...
- Judge(s):
- JORDAN, BRASHER, and JULIE CARNES, Circuit Judges
- Tag(s):
-
- Citation:
- BAP No. CC-21-1046-GHL (9th Circuit, Oct 22,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court did not abuse its discretion in denying a debtor's motion to reconsider the bankruptcy court's decision not to reopen a bankruptcy case that was dismissed in 1984 when the...
- Judge(s):
- GAN, HESTON,** and LAFFERTY, Bankruptcy Judges
- Tag(s):
-
- Ruling:
- Under section 547(b) and Colorado law, a deed of trust filed after the debtor transferred title to property, even if the transfer is to a trust controlled by the debtor, does not become a transfer...
- Judge(s):
- HOLMES, BRISCOE, and EID
- Tag(s):
-
- Citation:
- 20-14515 (11th Circuit, Sep 23,2021) Published
- Case Status:
- Affirmed
- Ruling:
- Bankruptcy courts have discretion under Fed. R. Bankr. P. 7004(m) to extend the time for a plaintiff to properly serve the summons and complaint on a debtor and its attorney, even if the extension...
- Judge(s):
- JILL PRYOR, LUCK, and MARCUS, Circuit Judges
- Tag(s):
-
- Citation:
- 20-1196 (7th Circuit, Sep 20,2021) Published
- Case Status:
- Affirmed
- Ruling:
- A bankruptcy court did not commit error when it (i) found a debtor who, among other things, concealed assets in a bankruptcy was not credible and (ii) allowed a claim for unpaid equalizing capital...
- Judge(s):
- Easterbrook, Wood, and Kirsch
- Tag(s):
-
- Citation:
- No. 20-1309 (3rd Circuit, Sep 09,2021) Published
- Case Status:
- Affirmed
- Ruling:
- Addressing the effect of the 2005 amendment to 11 U.S.C. § 362, the Third Circuit's decision in In re University Medical Center, 973 F.2d 1065 (3d Cir. 1992), remains good law so that a creditor...
- Judge(s):
- GREENAWAY, JR., SHWARTZ, and FUENTES
- Tag(s):
-
- Ruling:
- Under California probate law, the execution of a written disclaimer of an interest in a trust by a beneficiary is insufficient to makes the disclaimer a voidable transfer under California's...
- Judge(s):
- GAN, TAYLOR, and LAFFERTY, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. CC-20-1186-TLG (9th Circuit, Jul 28,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- A judgment entered by a California court against a debtor for fraud is entitled to preclusive effect, even if the debtor did not participate in the state-court trial, so long as there is an...
- Judge(s):
- TAYLOR, LAFFERTY, and GAN, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 20-3384 (7th Circuit, Jul 26,2021) Published
- Case Status:
- Affirmed
- Ruling:
- The priority cap for employee benefit plan claims in 11 U.S.C. § 507(a)(5) is determined on a plan-by-plan basis, even if the same union is the sponsor for two or more plans. Section 507(a)(5)'s...
- Judge(s):
- WOOD, ST. EVE, and KIRSCH
- Tag(s):
-
- Citation:
- 20-1122 (10th Circuit, Jul 23,2021) Published
- Case Status:
- Affirmed
- Ruling:
- A Chapter 13 debtor who does not make all plan payments within the five-year maximum plan period is not eligible for a discharge under 11 U.S.C. § 1328(a), even if the debtor makes the payments...
- Judge(s):
- BACHARACH, EBEL, and EID
- Tag(s):
-
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