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Summaries by Bradley Pearce
- Ruling:
- 1. The commencement of a bankruptcy case by the owner of a maritime vessel, and the plaintiff's failure to verify an amended complaint, do not divest the district court of its exclusive in rem...
- Judge(s):
- Raymond C. Fisher, Richard A. Paez, and Jacqueline H. Nguyen
- Tag(s):
-
- Citation:
- AZ-17-1291-LKuB (9th Circuit, Mar 14,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- The BAP affirmed the bankruptcy court's orders (1) ruling that the debtor had failed to timely make an oral motion to assume a lease, (2) denying the use of its powers under section 105(a) to grant...
- Judge(s):
- LAFFERTY, KURTZ, and BRAND, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 17-50315 (5th Circuit, Mar 07,2018) Published
- Case Status:
- Reversed
- Ruling:
- The proceeds from the post-petition sale of a house that was exempt on the petition date are likewise exempt and cannot be recovered by the debtor's trustee. The six month reinvestment safe harbor...
- Judge(s):
- HIGGINBOTHAM, SOUTHWICK, COSTA
- Tag(s):
-
- Ruling:
- Issues raised by the bankruptcy trustee's litigation can be resolved only by application of unresolved District of Columbia laws. As a result, the following questions are certified to the District...
- Judge(s):
- GOULD, MURGUIA, FREUDENTHAL (D. Wyo., sitting by designation)
- Tag(s):
-
- Citation:
- 17-40059 (5th Circuit, Feb 15,2018) Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court fulfilled its obligations under the Fifth Circuit's remand. The bankruptcy court adequately explained how it arrived at the damages awarded against the debtor-appellant, and...
- Judge(s):
- LING, JONES, ELROD
- Tag(s):
-
- Citation:
- 17-1160 (10th Circuit, Feb 14,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- The debtor's debt for criminal restitution is not dischargeable under § 523(a)(7) where he had failed to preserve the argument that his former employers were not governmental units. [The court did...
- Judge(s):
- MATHESON, BACHARACH, PHILLIPS
- Tag(s):
-
- Citation:
- 16-2173 (2nd Circuit, Feb 09,2018) Published
- Case Status:
- Affirmed
- Ruling:
- 28 U.S.C. § 1334(b) gives U.S. district courts jurisdiction over actions that may result in the filing of a proof of claim in a bankruptcy case, potentially resulting in (1) the estate incurring...
- Judge(s):
- CALABRESI, POOLER, RAMOS (S.D.NY., sitting by designation)
- Tag(s):
-
- Ruling:
- In this well-written opinion [author's opinion], the Eighth Circuit concluded that due process requires only that the debtor provide notice to "reasonably ascertainable," not "reasonably...
- Judge(s):
- SMITH, GRUENDER, BENTON
- Tag(s):
-
- Ruling:
- The Tenth Circuit affirmed the district court's dismissal of the appellant's RESPA claim because, on appeal, she did not argue that such dismissal was improper. The Court of Appeals reversed the...
- Judge(s):
- HARTZ, HOLMES, BACHARACH
- Tag(s):
-
- Citation:
- 17-5009 (D.C. Circuit, Jan 12,2018) Published
- Case Status:
- Reversed
- Ruling:
- A chapter 7 trustee's amended complaint sufficiently alleged the basis for her excusable neglect to file a proof of claim against the FDIC, as the receiver for Washington Mutual Bank. Therefore,...
- Judge(s):
- ROGERS, TATEL, and EDWARDS
- Tag(s):
-
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