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Summaries by Bradley Pearce
- Citation:
- 15-60069 (9th Circuit, Jul 31,2017) Published
- Case Status:
- Affirmed
- Ruling:
- California personal property tax liens may be avoided in bankruptcy even if the tax collector records tax delinquency certificates ("Tax Certificates") with the appropriate County Recorder because...
- Judge(s):
- WARDLAW, CALLAHAN, GORDON J. QUIST (W.D. Mich., sitting by designation)
- Tag(s):
-
- Citation:
- 16-3490 (8th Circuit, Jul 25,2017) Published
- Case Status:
- Dismissed
- Ruling:
- The appeal of the bankruptcy's denial of the debtors' motion to assume and assign automobile dealership agreements was moot because, among other reasons, the assignment would require the proposed...
- Judge(s):
- WOLLMAN, ARNOLD, GRUENDER
- Tag(s):
-
- Citation:
- 15-20600, 16-20100 (consolidated) (5th Circuit, Jul 18,2017) Published
- Case Status:
- Affirmed
- Ruling:
- 1. Trial evidence that debtor (Corwin) cause companies that he controlled to use contracts containing language contrary to Texas tax lien foreclosure law was sufficient to establish that Corwin had...
- Judge(s):
- WIENER, CLEMENT, HIGGINSON
- Tag(s):
-
- Citation:
- 16-2968 (2nd Circuit, Jul 17,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- A debtor who omits from his schedules information that is material in bankruptcy, such as his income, is not entitled to a discharge.
- Judge(s):
- SACK, CARNEY, DRONEY
- Tag(s):
-
- Citation:
- NC-15-1206-BSKu (9th Circuit, Jul 12,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Debtor in a involuntary Chapter 7 bankruptcy lacked standing to argue that the Chapter 11 trustee for a business trust formerly owned by the debtor (the "Other Trustee") violated the automatic stay...
- Judge(s):
- BRAND, SPRAKER (Chief Bankruptcy Judge, D. Alaska, sitting by designation), KURTZ
- Tag(s):
-
- Citation:
- 15-3983 (8th Circuit, Jul 11,2017) Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court properly disallowed a claim filed by a secured creditor that failed to comply with Arizona state law for preserving the right to a deficiency following the foreclosure. Arizona...
- Judge(s):
- BENTON, SHEPHERD, STRAND (N.D. Iowa, sitting by designation)
- Tag(s):
-
- Ruling:
- Claims based on events that occur after the filing of a voluntary Chapter 7 petition are not subject to judicial estoppel if the debtor fails to disclose and schedule such claims.
The Court of...
- Judge(s):
- RILEY, WOLLMAN, KELLY
- Tag(s):
-
- Citation:
- 16-2054, 16-3668, 16-3669 (7th Circuit, Jun 27,2017) Published
- Case Status:
- Reversed and Remanded
- Ruling:
- A dissolved preliminary injunction issued by a bankruptcy court could still be reviewed by the district court on appeal where the preliminary injunction resulted in Medicare reimbursement payments...
- Judge(s):
- BAUER, FLAUM, KANNE
- Tag(s):
-
- Ruling:
- Reversing the BAP, the 9th Circuit, with a concurrence, ruled that 11 U.S.C. § 727(e)(1) is a statute of limitations, not a statute of repose, The debtor's failure to plead the statute of...
- Judge(s):
- WALLACE, CHRISTEN, WATFORD
- Tag(s):
-
- Citation:
- 16-3111 (8th Circuit, Jun 14,2017) Published
- Case Status:
- Affirmed
- Ruling:
- Affirming the decision of the district court (D. Minn.) that a creditor's debt was nondischargeable under § 523(a)(2)(A). The evidence showed that the debtor had defrauded the creditor by, among...
- Judge(s):
- BENTON, BEAM, MURPHY
- Tag(s):
-
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