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Summaries by Bradley Pearce
- Citation:
- No. 17-15316 (9th Circuit, Aug 27,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Former members of the board of directors of a Nevada corporation, who had been removed by the receiver for the corporation, did not have standing under Nevada law to file a bankruptcy petition on...
- Judge(s):
- Graber, Tallman, and Ivan L.R. Lemelle (Senior District Judge, E.D. La., sitting by designation)
- Tag(s):
-
- Citation:
- 17-6032 (8th Circuit, Aug 24,2018) Published
- Case Status:
- Affirmed
- Ruling:
- In order to obtain a section 523(a)(8) discharge, a debtor must introduce a preponderance of evidence that shows that any obligation to repay student loan debt imposes an undue hardship on the...
- Judge(s):
- SALADINO, NAIL and SHODEEN
- Tag(s):
-
- Ruling:
- The doctrine of equitable mootness applies to confirmed plans in chapter 9 (as well as chapter 11 and 13) bankruptcy cases. To the extent that constitutional rights may be affected in chapter 9...
- Judge(s):
- TJOFLAT, MARTIN, and JORDAN
- Tag(s):
-
- Citation:
- AZ-17-1280-FSBa and AZ-17-1292-FSBa (9th Circuit, Aug 03,2018) Published
- Case Status:
- Reversed and Remanded
- Ruling:
- The "rule of mandate," which requires that a trial court quote adhere to the appellate court's decision, does not prohibit a trial court from addressing issues that were not decided by the...
- Judge(s):
- FARIS, SPRAKER, and BASON (sitting by designation)
- Tag(s):
-
- Citation:
- 18-20045 (5th Circuit, Aug 08,2018) Published
- Case Status:
- Affirmed
- Ruling:
- The mental culpability to make a debt non-dischargeable under 11 U.S.C. § 523(a)(4) can be established with evidence that the debtor failed to comply with corporate formalities (at least when the...
- Judge(s):
- DAVIS, COSTA, and ENGELHARDT
- Tag(s):
-
- Ruling:
- A declaration by a governmental instrumentality (i.e., not the legislature) of the existence of a lien is insufficient to create a statutory lien unless the instrumentality's declaration is...
- Judge(s):
- Howard, Kayatte, and Torreson (D. Maine, sitting by designation)
- Tag(s):
-
- Citation:
- BAP No, CC-17-1290-KuFS (9th Circuit, Aug 02,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- An avoidance defendant-creditor cannot rely on Rule 60 for reconsideration, instead of a timely appeal, of an order disallowing the party's proof of claim, especially where the arguments asserted...
- Judge(s):
- KURTZ, FARIS, and SPRAKER
- Tag(s):
-
- Citation:
- 16-56856 and 16-56869 (9th Circuit, Jul 25,2018) Published
- Case Status:
- Affirmed
- Ruling:
- A law firm representing a creditor or a party in interest in a bankruptcy case has to unequivocally state its own objection, not just its client's objection, to a proposed settlement in order to...
- Judge(s):
- Jay S. Bybee, Paul J. Watford, and John M. Rogers (United States Court of Appeals for the Sixth Circuit, sitting by designation)
- Tag(s):
-
- Ruling:
- Disagreeing with the United States Court of Appeals for the Fourth Circuit in In re Rosenfeld,
23 F.3d 833 (4th Cir. 1994), the Ninth Circuit held that post-petition condominium association...
- Judge(s):
- SMITH, MURGUIA, and EDUARDO C. ROBRENO (E.D. Pa., sitting by designation)
- Tag(s):
-
- Ruling:
- An ambiguous tax allocation agreement between a debtor and its subsidiary that filed consolidated tax returns gave the debtor only mere legal title to a refund based on the subsidiary's prior...
- Judge(s):
- BRISCOE, SEYMOUR, and HOLMES
- Tag(s):
-
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