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Summaries by Bradley Pearce
- 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):
-
- Citation:
- 22-50032 (5th Circuit, Aug 18,2022) Not Published
- Case Status:
- Affirmed
- Ruling:
- A consent order allowing a creditor to file an amended proof of claim and setting a deadline for the debtors to object to the amended claim is res judicata as to counterclaims later raised by the...
- Judge(s):
- Stewart, Elrod, and Graves
- Tag(s):
-
- Citation:
- No. 21-2783 (7th Circuit, Aug 18,2022) Published
- Case Status:
- Affirmed
- Ruling:
- 11 U.S.C. § 1327(a), as applied in the Seventh Circuit under Holstein v. Brill, 987 F.2d 1268 (7th Cir. 1993), and In re Chappell, 984 F.2d 775, 782 (7th Cir. 1993), does not bar creditors from...
- Judge(s):
- ROVNER, KIRSCH and JACKSON-AKIWUMI
- Tag(s):
-
- Citation:
- BAP No. CC-21-1247-GFS (9th Circuit, Jul 13,2022) Not Published
- Case Status:
- Reversed and Remanded
- Ruling:
- The bankruptcy court abused its discretion by refusing to allow a claim to be amended after the claims bar date where the debtor failed to show that allowing the amendment would cause undue...
- Judge(s):
- GAN, FARIS, and SPRAKER, Bankruptcy Judges
- Tag(s):
-
- Citation:
- Nos. 21-2681, 21-2682, 21-2687 & 21-2782 (7th Circuit, Jun 16,2022) Published
- Case Status:
- Affirmed
- Ruling:
- A creditor was bound by a confirmed reorganization plan, even if the creditor was never served, because: (i) the creditor filed a motion for relief from the automatic stay, thus appearing in the...
- Judge(s):
- EASTERBROOK, WOOD, and BRENNAN
- Tag(s):
-
- Citation:
- BAP No. CC-21-1228-GTL, BAP No. CC-21-1250-GTL (1st Circuit, Jun 10,2022) Not Published
- Case Status:
- Reversed and Remanded
- Ruling:
- In cases where a judgment creditor seeks to use a prior state court judgment to establish that the judgment debt is nondischargeable, courts apply the applicable state's law of issue preclusion. In...
- Judge(s):
- GAN, TAYLOR, and LAFFERTY, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 21-8056 (10th Circuit, Jun 07,2022) Published
- Case Status:
- Affirmed
- Ruling:
- The attorney for a debtor, and the debtor's former management, do not have standing to appeal an order converting a Chapter 11 to a Chapter 7 case. In re C.W. Mining Co., 636 F.3d 1257 (10th Cir....
- Judge(s):
- HOLMES, MATHESON, and ROSSMAN,
- Tag(s):
-
- 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):
-
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