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Summaries by Bradley Pearce
- Citation:
- 18-2117 (7th Circuit, Mar 01,2019) Published
- Case Status:
- Affirmed
- Ruling:
- Overruling In re River West Plaza--Chicago, LLC, 664 F.3d 668 (7th Cir. 2011), and part III of In re Sax, 796 F.2d 994 (7th Cir. 1986), (1) section 363(m) of the Bankruptcy Code does not make any...
- Judge(s):
- Easterbrook, Barrett, and Scudder
- Tag(s):
-
- Citation:
- BAP No. CC-18-1132-KuTaF (9th Circuit, Jan 29,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- The BAP affirmed the bankruptcy court's decision denying the erstwhile debtor's motions to vacate dismissal of, and to reopen, her chapter 13 case.
- Judge(s):
- KURTZ, TAYLOR, and FARIS, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 18-1068 (10th Circuit, Dec 21,2018) Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy estate of a debtor who owned a second home as a joint tenant with a right of survivorship ceased to have any interest in the second home upon the debtor's death. Thus, the debtor's...
- Judge(s):
- BRISCOE, MURPHY, and McHUGH
- Tag(s):
-
- Ruling:
- The bankruptcy court erred by allowing a judgment creditor's claim that arose from a judgment under the Minnesota Uniform Fraudulent Transfer Act when the claim had been satisfied by a payment by...
- Judge(s):
- Schermer, Nail, Shodeen
- Tag(s):
-
- Citation:
- 18-2030 (10th Circuit, Nov 06,2018) Published
- Case Status:
- Affirmed
- Ruling:
- An appeal of a denial of a Rule 60(b) motion must be filed within 14 days after entry of the denial. Fed. R. Bankr. P. 8002(a). The appellants waited 23 days before filing the appeal. Because Rule...
- Judge(s):
- HOLMES, O’BRIEN, and CARSON
- Tag(s):
-
- Citation:
- No. 18-6001 (8th Circuit, Oct 18,2018) Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court did not err when dismissing the appellants' second nondischargeability complaint and denying appellants' subsequent motion for reconsideration. The bankruptcy court correctly...
- Judge(s):
- SALADINO, Chief Judge, DOW and SANBERG, Bankruptcy Judges
- Tag(s):
-
- Ruling:
- The Pearlman doctrine (Pearlman v. Reliance Ins. Co., 371 U.S. 132, 141-42 (1962)), does not apply to the relationship at issue between the debtor-subcontractor and the contractor due to the...
- Judge(s):
- Torruella, Lipez, and Barron
- Tag(s):
-
- Citation:
- NC-16-1405-BSTa (9th Circuit, Sep 19,2018) Published
- Case Status:
- Reversed
- Ruling:
- The bankruptcy court erred in voiding a holder's first priority deed of trust. The order upholding the debtor's objection to the holder's proof of claim was not a ruling on the merits as to the...
- Judge(s):
- BRAND, SPRAKER and TAYLOR, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 16-35753 (9th Circuit, Sep 14,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Chapter 11 cases for individuals may create discharge problems in a liquidating chapter 11. In this appeal, the individual chapter 11 debtors did not continue in their pre-petition businesses, and...
- Judge(s):
- Marsha S. Berzon and Andrew D. Hurwitz, Circuit Judges, and Raymond J. Dearie, District Judge (EDNY), by designation
- Tag(s):
-
- Citation:
- 17-20655 (5th Circuit, Sep 05,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- Failure to address a lower court's opinion that the appeal was moot under section 363(m) constitutes a waiver of that argument unless the appellant presented evidence at the bankruptcy court, and...
- Judge(s):
- KING, ELROD, and HAYNES
- Tag(s):
-
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