ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
Summaries by Bradley Pearce
- Citation:
- MB 16-044 (1st Circuit, Sep 06,2017) Published
- Case Status:
- Affirmed
- Ruling:
- In a sad tale of family discord and proof of the adage that "no good deed goes unpunished," the BAP affirmed the bankruptcy court's judgment that the debtor's obligations to her daughter and...
- Judge(s):
- DEASY, CARY, FAGONE, United States Bankruptcy Appellate Panel Judges
- Tag(s):
-
- Citation:
- NC-16-1333 through -1336, and NC-16-1358 (9th Circuit, Sep 06,2017) Published
- Case Status:
- Affirmed
- Ruling:
- In a lengthy opinion, the BAP: (1) held that (a) confirmed Chapter 13 plans could not cannot properly provide the debtors with the right to unilaterally modify the plan without notice and court...
- Judge(s):
- JURY, FARIS, BRAND, US Bankruptcy Judges
- Tag(s):
-
- Citation:
- 17-6009 (8th Circuit, Sep 06,2017) Published
- Case Status:
- Affirmed
- Ruling:
- A debtor who has avoided dischargeability litigation by a settlement with the plaintiff-creditor cannot rely on weather or other "the dog ate my homework" excuses for his or her failure to strictly...
- Judge(s):
- SALADINO, SCHERMER, NAIL
- Tag(s):
-
- Citation:
- 16-31085 (5th Circuit, Sep 01,2017) Published
- Case Status:
- Affirmed
- Ruling:
- 1) The deadline in Bankruptcy Rule 8002 is jurisdictional. The failure to timely file a notice of appeal deprives the district court or BAP, and the Court of Appeals, of jurisdiction. (2) Filing a...
- Judge(s):
- SMITH, OWEN, HIGGINSON
- Tag(s):
-
- Citation:
- 16-35597 (9th Circuit, Aug 31,2017) Published
- Case Status:
- Affirmed
- Ruling:
- Section 106(a)(1) abrogates sovereign immunity, allowing bankruptcy trustees to sue the United States under state fraudulent transfer law for prepetition tax payments. Disagreeing with the Seventh...
- Judge(s):
- Hawkins, Gould, Paez
- Tag(s):
-
- Ruling:
- In a case with the thinnest of connections to bankruptcy (the owners of the corporate defendant filed for bankruptcy relief; Sara Wenner then was dismissed from the federal ERISA litigation), the...
- Judge(s):
- SMITH, COLLOTON, KELLY
- Tag(s):
-
- Citation:
- 16-3182, 16-3183 (8th Circuit, Aug 22,2017) Published
- Case Status:
- Affirmed
- Ruling:
- A discharge granted to Chapter 13 debtors does not enjoin the state from post-discharge collection of non-dischargeable domestic support obligation, even if a portion of such obligation was...
- Judge(s):
- WOLLMAN and LOKEN, Circuit Judges, and NELSON (D. Minn,, sitting by designation)
- Tag(s):
-
- Citation:
- CC-16-1439-LTaKu (9th Circuit, Aug 21,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Affirming the bankruptcy court's decision that plaintiff had failed to carry her burden of proving that a judgment debt, awarded as damages for an accident that occurred while the debtor allegedly...
- Judge(s):
- LAFFERTY, TAYLOR, KURTZ
- Tag(s):
-
- Citation:
- CC-16-1356-KuFTa (9th Circuit, Aug 09,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- The evidentiary record did not support a finding that the bankruptcy court had committed reversible error by entering judgment in favor of the debtor in nondischargeability litigation. The BAP will...
- Judge(s):
- KURTZ, FARIS , TAYLOR (Bankruptcy Judges)
- Tag(s):
-
- Citation:
- NC-16-1255-BJuF (9th Circuit, Aug 03,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Affirming the bankruptcy court's denial of the appellant's motion for relief from stay that would allow the appellant to prosecute a state mandamus action that the appellant had brought on behalf...
- Judge(s):
- BRAND, JURY, FARIS (bankruptcy judges)
- Tag(s):
-
Pages
