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Summaries by Bradley Pearce
- Citation:
- 22-2003, 22-2004, 22-2005, 22-2006, 22-2007, 22-2008, 22-2009, 22-2010, 22-2011 (3rd Circuit, Jan 30,2023) Published
- Case Status:
- Reversed and Remanded
- Ruling:
- The bankruptcy case must be dismissed because the debtor is not in imminent financial distress.
In determining whether a case was filed in good faith, bankruptcy courts can look at the financial...
- Judge(s):
- AMBRO, RESTREPO, and FUENTES
- Tag(s):
-
- Citation:
- 22-1004 (10th Circuit, Jan 18,2023) Published
- Case Status:
- Affirmed
- Ruling:
- When a chapter 13 plan is not confirmed and the case dismissed, the chapter 13 trustee has no right to keep the fee from pre-confirmation payments received by the trustee. This result arises from...
- Judge(s):
- HOLMES, EBEL, and EID
- Tag(s):
-
- Ruling:
- A mortgage lien survives confirmation and consummation of a chapter 13 plan, notwithstanding anything to the contrary in the plan. Sidestepping the problem created by the confirmation of a plan...
- Judge(s):
- ROSENBAUM and TJOFLAT, Circuit Judges, and MOODY, District Judge
- Tag(s):
-
- Ruling:
- 28 U.S.C. § 1334(c)(1) provides a statutory basis for abstention that supplements--but does not subsume--judicially created abstention doctrines; and judicially-created abstention doctrines apply...
- Judge(s):
- Southwick, Graves, and Engelhardt
- Tag(s):
-
- Citation:
- 21-2442, 21-2443 (7th Circuit, Dec 22,2022) Not Published
- Case Status:
- Affirmed
- Ruling:
- By withdrawing a motion to dismiss the involuntary petition that, in essence, alleged fraud in the proceedings and by failing to argue in the appeal to the district court an argument raised in the...
- Judge(s):
- ROVNER, SCUDDER, ST, EVE
- Tag(s):
-
- Citation:
- BAP No. CO-22-003 (10th Circuit, Dec 30,2022) Not Published
- Case Status:
- Affirmed
- Ruling:
- Interpleaded funds claimed by a debtor before the filing of a bankruptcy case are not property of the estate, and disbursement of such funds does not violate the automatic stay. As a result of the...
- Judge(s):
- HALL, LOYD, and THURMAN, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 22-1067 (10th Circuit, Dec 13,2022) Published
- Case Status:
- Affirmed
- Ruling:
- A chapter 13 plan that does not expressly address a specific claim has no res judicata or equitable effect on such claim. Thus, a claim that is recognized as a secured claim under state law does...
- Judge(s):
- HOLMES, Chief Judge, HARTZ and ROSSMAN
- Tag(s):
-
- Citation:
- BAP No. NC-22-1071-TBF (9th Circuit, Dec 07,2022) Not Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court properly approved a compromise between the Chapter 7 trustee and a creditor. The bankruptcy court is not required to make extensive or detailed findings of fact before...
- Judge(s):
- TAYLOR, BRAND, and FARIS, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 21-2707 (8th Circuit, Sep 13,2022) Published
- Case Status:
- Affirmed
- Ruling:
- A creditor (not an investor) does not have standing to sue another creditor for aiding and abetting a fraud perpetrated by a Chapter 7 debtor if the estate could assert the claim. Such a claim, a...
- Judge(s):
- GRASZ, STRAS, and KOBES
- Tag(s):
-
- Citation:
- 21-2946 & 21-2954 (7th Circuit, Sep 07,2021) Published
- Case Status:
- Affirmed
- Ruling:
- A bankruptcy court's in rem jurisdiction is insufficient to establish personal jurisdiction over foreign defendants, and the automatic stay of 11 U.S.C. § 362(a) is unenforceable if the bankruptcy...
- Judge(s):
- RIPPLE, ROVNER, and KIRSCH
- Tag(s):
-
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