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

Kip Richards v. Rabo AgriFinance, LLC

Citation:
19-6039 (8th Circuit, May 04,2020) Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's application of Nebraska's equitable estoppel rule to determine that the members of the chapter 11 debtor could not claim personal...
Judge(s):
SCHERMER, SHODEEN and SANBERG
Tag(s):

In re Ralph and Paula Isom

Citation:
BAP No. ID-19-1198-BGL (9th Circuit, Apr 22,2020) Not Published
Case Status:
Affirmed
Ruling:
A) An appeal of an order is timely if the appellant (i) first files a motion for relief under Fed. R. Bankr. P. 9023 within 14 days of entry of the order and (ii) the files the notice of appeal...
Judge(s):
BRAND, GAN and LAFFERTY, Bankruptcy Judges
Tag(s):

Chittranjan Thakkar v. Bay Point Capital Partners, LLC

Citation:
18-12536 (11th Circuit, Apr 08,2020) Published
Case Status:
Affirmed
Ruling:
The appellant did not have standing to maintain the appeal once the debtor withdrew from the appeal. Article III standing requires a person to establish a particularized, actual injury. In order to...
Judge(s):
WILSON, BRANCH, and JULIE CARNES
Tag(s):

John Finstad v. James Gord

Citation:
19-6035 (8th Circuit, Mar 27,2020) Published
Case Status:
Affirmed
Ruling:
State courts have concurrent jurisdiction to interpret confirmed reorganization plans. Confirmed plans are new contracts between debtors and creditors whose claims are addressed in the plan....
Judge(s):
SHODEEN, DOW, and SANBERG
Tag(s):

Kenneth Brown v. Christopher Barclay

Citation:
18-60029 (9th Circuit, Mar 23,2020) Published
Case Status:
Affirmed
Ruling:
Looking to federal criminal cases for guidance as to what constitutes possession or control, property fraudulently transferred during a Chapter 13 case can be recovered by a Chapter 7 trustee after...
Judge(s):
Mary M. Schroeder, Michelle T. Friedland,and Ryan D. Nelson
Tag(s):

Misty Brady v. Maxus Healthcare Partners, et al

Citation:
19-10974 (5th Circuit, Mar 05,2020) Not Published
Case Status:
Affirmed
Ruling:
The expiration of the 30-day limitations period to object to a debtor's declaration of exemptions in a Chapter 13 is not binding if the case is later converted to a Chapter 7. Bankruptcy Code §...
Judge(s):
HIGGINBOTHAM, HO, and ENGELHARDT
Tag(s):

Trendsetter HR L.L.C., et al v. Zurich American In

Citation:
19-10056 (5th Circuit, Feb 11,2020) Published
Case Status:
Affirmed
Ruling:
(1) The bankruptcy court did not err by awarding the creditor both unpaid invoices and future claims. (2) The creditor's unpaid-invoices claim is recognized under applicable state law, and thus...
Judge(s):
ELROD, WILLETT, and OLDHAM
Tag(s):

Brian Lerbakken v. Sieloff and Associates, P.A.

Citation:
18-3415 (8th Circuit, Feb 07,2020) Published
Case Status:
Affirmed
Ruling:
Portions of the ex-spouse's exempt retirement accounts (a 401(k) and an IRA) are not exempt retirement funds in a debtor's Chapter 7 bankruptcy case commenced after the retirement funds are awarded...
Judge(s):
COLLOTON, WOLLMAN, and BENTON
Tag(s):

In re Richard Black

Citation:
BAP No. NV-18-1351-FBH (9th Circuit, Dec 31,2019) Published
Case Status:
Reversed
Ruling:
1) A bankruptcy court cannot alter the "chapter 13 bargain" by confirming a modification to a debtor's chapter 13 plan, over the debtor's objection, that captures the appreciation to a debtor's...
Judge(s):
FARIS, BRAND, and HERCHER (the Honorable David W. Hercher, U.S. Bankruptcy Judge for the District ofOregon, sitting by designation)
Tag(s):

Pages

About us in numbers

3263 in the system

3144 Summarized

1 Being Processed