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Summaries by Bradley Pearce
- Ruling:
- If a chapter 11's debtor's debts exceed $5 million and the bankruptcy court has not appointed a trustee for the debtor, the bankruptcy court must appoint an examiner if the United States trustee or...
- Judge(s):
- RESTREPO, BIBAS and SCIRICA, Circuit Judges
- Tag(s):
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- Citation:
- BAP No. WW-23-1098-CBS (9th Circuit, Jan 16,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- A creditor, including a federal agency (here, the Social Security Administration), may recoup amounts overpaid to a debtor after the debtor has received a bankruptcy discharge if the agency's claim...
- Judge(s):
- CORBIT, BRAND, and SPRAKER, Bankruptcy Judges
- Tag(s):
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- Citation:
- BAP No. AZ-23-1047-LCF (9th Circuit, Dec 19,2023) Not Published
- Case Status:
- Affirmed
- Ruling:
- A chapter 7 trustee who is their own attorney has the burden of showing why work performed is legal in nature, rather than work typically performed by a chapter 7 trustee, when applying for...
- Judge(s):
- LAFFERTY, CORBIT, and FARIS, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 22-20407 (5th Circuit, Oct 16,2023) Not Published
- Case Status:
- Affirmed
- Ruling:
- Following the Supreme Court's decision in Bartenwerfer v. Buckley, 589 U.S. 69 (2023), and Texas law establishing a person's liability for another's misrepresentations, an arbitrator's findings of...
- Judge(s):
- Wiener, Stewart, and Engelhardt
- Tag(s):
-
- Ruling:
- Under 28 U.S.C. § 1961(a), a judgment entered by a bankruptcy court in an adversary proceeding must include post-judgment interest because a bankruptcy court is a unit of the district court (28...
- Judge(s):
- Ho, Oldham, and Douglas, Circuit Judges
- Tag(s):
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- Citation:
- 21-2917-bk (2nd Circuit, Sep 29,2023) Published
- Case Status:
- Affirmed
- Ruling:
- When determining whether a transfer left an entity insolvent, courts must accept the facts as they are and not as they hypothetically may be. Thus, when a debtor declared property as exempt under...
- Judge(s):
- CALABRESI, LOHIER, and KAHN, Circuit Judges
- Tag(s):
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- Citation:
- 21-10587 (11th Circuit, Sep 18,2023) Published
- Case Status:
- Affirmed
- Ruling:
- A lawyer is not disqualified from representing a bankruptcy trustee solely because the firm acted as outside general counsel to a company that had been voluntarily dismissed as a defendant from...
- Judge(s):
- LAGOA, BRASHER, and TJOFLAT, Circuit Judges
- Tag(s):
-
- Ruling:
- A bankruptcy court cannot reduce the amount of fees requested by a debtor's counsel without giving the lawyers notice and an opportunity for hearing if the rationale for the fee reduction is in the...
- Judge(s):
- BAUKNIGHT, DALES, and MASHBURN
- Tag(s):
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- Citation:
- 22–10960 (5th Circuit, Jul 31,2023) Published
- Case Status:
- Affirmed
- Ruling:
- Affirming the "person aggrieved" standard for standing to appeal an order of the bankruptcy court, the Fifth Circuit held that a party without an allowed claim against the debtor does not have...
- Judge(s):
- Higginbotham, Southwick, and Willett
- Tag(s):
-
- Citation:
- BAP No. CC-23-1012-LSF (9th Circuit, Jun 28,2023) Not Published
- Case Status:
- Affirmed
- Ruling:
- A debtor who did not assume a lease in his chapter 13 plan and who did not disclose ownership of any business-related property in his Schedules and Statement of Financial Affairs was estopped from...
- Judge(s):
- LAFFERTY, SPRAKER, and FARIS, Bankruptcy Judges
- Tag(s):
-
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