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Summaries by Bradley Pearce
- Ruling:
- Under Johnson v. Home State Bank, 501 U.S. 78 (1991), a person whose personal liability on a debt is discharged in bankruptcy is still a consumer with a debt under the federal Fair Debt Collection...
- Judge(s):
- HARRIS, HEYTENS, and BERNER, Circuit Judges
- Tag(s):
-
- Citation:
- 23-11120 (5th Circuit, Mar 27,2025) Not Published
- Case Status:
- Affirmed
- Ruling:
- In a decision that hinged on whether a transfer of part of a lessee's interest in real property was a sublease or an assignment under Louisiana law, the court affirmed the bankruptcy court's...
- Judge(s):
- Jones, Willett, and Engelhardt, Circuit Judges
- Tag(s):
-
- Citation:
- 23-3895 (6th Circuit, Mar 20,2025) Not Published
- Case Status:
- Affirmed
- Ruling:
- In yet another example of the truth of the adage that "the man who is his own lawyer has a fool for his client," the Court of Appeals affirmed the defendant's convictions for bankruptcy and mail...
- Judge(s):
- MURPHY, DAVIS, and BLOOMEKATZ, Circuit Judges
- Tag(s):
-
- Ruling:
- The Court of Appeals found that the facts supported the bankruptcy court's finding that a debt was nondischargeable due to the debtor's failure to disclose material facts before entering into an...
- Judge(s):
- SANCHEZ and H.A. THOMAS, Circuit Judges, and DONATO, District Judge, sitting by designation
- Tag(s):
-
- Citation:
- 22-56206, 22-56208 (9th Circuit, Feb 20,2025) Published
- Case Status:
- Affirmed
- Ruling:
- In a decision that reduced Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), to one footnote, the court ruled that district courts could enter third-party injunctions in SEC Ponzi-scheme...
- Judge(s):
- EBEL (sitting by designation), BADE, and FORREST, Circuit Court judges
- Tag(s):
-
- Citation:
- 23-20181, 23-20450, 23-20363 (5th Circuit, Feb 14,2023) Published
- Case Status:
- Reversed and Remanded
- Ruling:
- In the first review of Up-Tier lending (discussed in the "Facts" section of this summary) by a court of Appeals, the Fifth Circuit held that the pre-petition up-tier lending arrangement between the...
- Judge(s):
- HAYNES, WILLETT, and OLDHAM, Circuit Judges
- Tag(s):
-
- Ruling:
- The district court has no jurisdiction to consider an appeal from an order of the bankruptcy court if the appellant fails to file the notice of appeal in a timely manner. A timely notice of appeal...
- Judge(s):
- SHWARTZ, MATEY, and McKEE, Circuit Judges
- Tag(s):
-
- Citation:
- 22-12336 (11th Circuit, Jan 08,2025) Published
- Case Status:
- Affirmed
- Ruling:
- A federal tax lien attaches to all of a debtor's assets and has priority from the date on which notice of the lien is filed. As a result, a secured creditor's security interest, even though...
- Judge(s):
- RANCH and LUCK, Circuit Judges, and BERGER, District Judge
- Tag(s):
-
- Ruling:
- Reversing the lower courts, the United States Court of Appeals for the Ninth Circuit ruled that a Chapter 13 debtor who had made voluntary contributions to an employer-sponsored retirement plan...
- Judge(s):
- Sidney R. Thomas, Consuelo M. Callahan, and Gabriel P. Sanchez, Circuit Judges
- Tag(s):
-
- Citation:
- 24-10287 (5th Circuit, Nov 05,2024) Published
- Case Status:
- Affirmed
- Ruling:
- The appellants failed to meet their burden of showing that recusal of the bankruptcy judge was proper. Judicial recusal is proper only in exceptional circumstances, such as where the judge...
- Judge(s):
- Wiener, Willett, and Duncan, Circuit Judges
- Tag(s):
-
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