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Summaries by Bradley Pearce
- Citation:
- 21-1355 (7th Circuit, Apr 21,2022) Published
- Case Status:
- Affirmed
- Ruling:
- Possessory liens on vehicles that were impounded for failure to pay parking tickets are avoidable as judicial liens under 11 U.S.C. § 522(f).
- Judge(s):
- SYKES, KANNE and HAMILTON
- Tag(s):
-
- Ruling:
- A federal court may not use state fee-shifting statutes to award a prevailing party attorney's fees in a diversity action. Such statutes are procedural and conflict with federal procedure governing...
- Judge(s):
- HARTZ, PHILLIPS, and EID
- Tag(s):
-
- Citation:
- BAP No. ID-21-1150-SFB (9th Circuit, Apr 14,2022) Not Published
- Case Status:
- Affirmed
- Ruling:
- A chapter 7 debtor whose estate is insolvent lacks standing to object to any claim if the estate is insolvent because the debtor will not be affected by the outcome of the claims litigation.
- Judge(s):
- SPRAKER, FARIS, and BRAND, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. CC-21-1081-SFL (9th Circuit, Mar 21,2022) Published
- Case Status:
- Affirmed
- Ruling:
- A damages award for breach of a settlement agreement that (i) required one party to transfer his interests in various entities to another person in exchange for payments over time, (ii) made the...
- Judge(s):
- SPRAKER, FARIS, and LAFFERTY, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. EC-21-1140-TBG (9th Circuit, Mar 10,2022) Not Published
- Case Status:
- Reversed and Remanded
- Ruling:
- A contract to sell real property is no longer executory, regardless of what performance has not been completed, if a state court has entered an order compelling specific performance. Because a...
- Judge(s):
- TAYLOR, BRAND, and GAN, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. ID-21-1156-SGB (9th Circuit, Mar 02,2022) Not Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court correctly ruled that it did not have jurisdiction over a former debtor's claims relating to fees owed by the debtor who, as a prisoner, filed petitions in forma pauperis. Under...
- Judge(s):
- SPRAKER, GAN, and BRAND, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. CC-21-1101-LSF (9th Circuit, Feb 11,2022) Not Published
- Case Status:
- Affirmed
- Ruling:
- A debtor who, on the petition date, lives in property for which the debtor has filed a homestead declaration and has stated an intent to continue living, is presumed to be able to declare a...
- Judge(s):
- LAFFERTY, SPRAKER, and FARIS, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. EC-21-1172-TBG (9th Circuit, Feb 02,2022) Not Published
- Case Status:
- Reversed and Remanded
- Ruling:
- A Subchapter V plan cannot be confirmed unless it complies with 11 U.S.C. § 1123(b)(5). Thus, the debtor's plan, which did not require the reorganized debtor to make periodic payments to a...
- Judge(s):
- TAYLOR, BRAND, and GAN, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 20-2771 (8th Circuit, Jan 31,2022) Published
- Case Status:
- Affirmed
- Ruling:
- A defendant in a trial for conspiracy to breach fiduciary duty must specify the law and facts that would entitle the defendant to a judgment as a matter of law. The defendant and may not wait...
- Judge(s):
- LOKEN, COLLOTON, and BENTON
- Tag(s):
-
- Ruling:
- The difference in Chapter 11 quarterly fees collected in UST versus Bankruptcy Administrator (BA) districts following the Bankruptcy Judgeship Act of 2017 did not violate the uniformity requirement...
- Judge(s):
- Jordan, Brasher, and Anderson
- Tag(s):
-
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