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Summaries by Bradley Pearce
- Citation:
- 20-60014 (9th Circuit, Mar 01,2021) Published
- Case Status:
- Affirmed
- Ruling:
- A chapter 7 debtor retains her Washington state homestead exemption even if she moves out of the house after the filing of the bankruptcy case and does not re-occupy or file a declaration of...
- Judge(s):
- M. Margaret McKeown and Richard A. Paez, Circuit Judges, and William Horsley Orrick (N.D. Cal.; by designation)
- Tag(s):
-
- Citation:
- 19–2751 (8th Circuit, Feb 09,2021) Published
- Case Status:
- Affirmed
- Ruling:
- The facts were sufficient to show that the debtor willfully and maliciously harmed his former employer, supporting the bankruptcy court's determination that a judgment debt was nondischargeable...
- Judge(s):
- SMITH, Chief Judge, BENTON and KOBES
- Tag(s):
-
- Citation:
- BAP No. NV-19-1322-LBF (9th Circuit, Feb 03,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Bankruptcy Appellate Panel affirmed the bankruptcy court's dismissal of the debtor's case for failures to file schedules and a plan, to turn over tax returns and financial documentation, and to...
- Judge(s):
- LAFFERTY, BRAND, and FARIS, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 20-5505 (6th Circuit, Jan 28,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- The plaintiff's failure to serve a summons on a defendant in a defendant in an adversary proceeding as required by Fed. R. Bankr. P. 7004(e), and failure to timely cure his failure to properly...
- Judge(s):
- BATCHELDER, STRANCH, and NALBANDIAN
- Tag(s):
-
- Citation:
- No. 20-10498 (5th Circuit, Jan 08,2021) Not Published
- Case Status:
- Dismissed
- Ruling:
- Two of the appellant's appeals were dismissed for lack of jurisdiction because the lower court had not yet entered a final, appealable order. The remaining appeals were denied, and the district...
- Judge(s):
- Jolly, Elrod, and Graves
- Tag(s):
-
- Ruling:
- A state court that granted summary judgment improperly excluded evidence that would be sufficient to change the outcome of the summary judgment motion. The state court's evidentiary rulings are...
- Judge(s):
- Graves, Costa, and Engelhardt
- Tag(s):
-
- Ruling:
- Walls v. Wells Fargo Bank, N.A., 276 F.3d 502 (9th Cir. 2002), does not preclude a Fair Debt Collection Practices Claim Act (15 U.S.C. § 1692 et seq.) claim by a debtor who receives a discharge...
- Judge(s):
- Kim McLane Wardlaw, Deborah L. Cook,* and Danielle J. Hunsaker, Circuit Judges (The Honorable Deborah L. Cook, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation)
- Tag(s):
-
- Ruling:
- The bankruptcy court erred by disqualifying proposed counsel for a creditors' committee based on the court's conclusion that the law firm's prior representation of a 50% shareholder of the debtor...
- Judge(s):
- BUCHANAN, DALES, and MASHBURN
- Tag(s):
-
- Citation:
- 18-6027 (8th Circuit, Sep 25,2020) Published
- Case Status:
- Affirmed
- Ruling:
- Without referring to the Rooker-Feldman doctrine or any type of preclusion doctrine, the Bankruptcy Appellate Panel affirmed the bankruptcy court's holding that a state court judgment, which held...
- Judge(s):
- NAIL,SHODEEN,and DOW,BankruptcyJudges
- Tag(s):
-
- Ruling:
- While the bankruptcy court did not abuse its discretion in denying confirmation of the debtor’s plan, the bankruptcy court's failure to make specific findings that the creditors' committee plan...
- Judge(s):
- LAFFERTY, BRAND, and TAYLOR, Bankruptcy Judges
- Tag(s):
-
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