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Summaries by Bradley Pearce
- Citation:
- No. 20-1309 (3rd Circuit, Sep 09,2021) Published
- Case Status:
- Affirmed
- Ruling:
- Addressing the effect of the 2005 amendment to 11 U.S.C. § 362, the Third Circuit's decision in In re University Medical Center, 973 F.2d 1065 (3d Cir. 1992), remains good law so that a creditor...
- Judge(s):
- GREENAWAY, JR., SHWARTZ, and FUENTES
- Tag(s):
-
- Ruling:
- Under California probate law, the execution of a written disclaimer of an interest in a trust by a beneficiary is insufficient to makes the disclaimer a voidable transfer under California's...
- Judge(s):
- GAN, TAYLOR, and LAFFERTY, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. CC-20-1186-TLG (9th Circuit, Jul 28,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- A judgment entered by a California court against a debtor for fraud is entitled to preclusive effect, even if the debtor did not participate in the state-court trial, so long as there is an...
- Judge(s):
- TAYLOR, LAFFERTY, and GAN, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 20-3384 (7th Circuit, Jul 26,2021) Published
- Case Status:
- Affirmed
- Ruling:
- The priority cap for employee benefit plan claims in 11 U.S.C. § 507(a)(5) is determined on a plan-by-plan basis, even if the same union is the sponsor for two or more plans. Section 507(a)(5)'s...
- Judge(s):
- WOOD, ST. EVE, and KIRSCH
- Tag(s):
-
- Citation:
- 20-1122 (10th Circuit, Jul 23,2021) Published
- Case Status:
- Affirmed
- Ruling:
- A Chapter 13 debtor who does not make all plan payments within the five-year maximum plan period is not eligible for a discharge under 11 U.S.C. § 1328(a), even if the debtor makes the payments...
- Judge(s):
- BACHARACH, EBEL, and EID
- Tag(s):
-
- Citation:
- 19-11286 (11th Circuit, Jul 14,2021) Published
- Case Status:
- Affirmed
- Ruling:
- A default judgment against a debtor, on a complaint that alleges alternative causes for liability, does not satisfy the requirements of § 523(a)(2)(A) under Florida law regarding collateral...
- Judge(s):
- JORDAN, MARCUS, and GINSBURG (United States Circuit Judge for the District of Columbia, sitting by designation)
- Tag(s):
-
- Citation:
- 20-8048 (10th Circuit, Jul 09,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- In order to succeed on a claim of economic duress under Iowa law, a borrower must (1) prove that the duress resulted from the lender's wrongful and oppressive conduct and not by the borrower's...
- Judge(s):
- MATHESON, BACHARACH, and CARSON
- Tag(s):
-
- Ruling:
- A homeowners' association foreclosure sale that violates the automatic stay (11 U.S.C. § 362(a)) is void under Nevada law, and the holder of a deed of trust that was extinguished by the HOA's...
- Judge(s):
- Johnnie B. Rawlinson, Danielle J. Forrest, and Lawrence VanDyke, Circuit Judges
- Tag(s):
-
- Citation:
- BAP No. CC-20-1280-LFT (9th Circuit, Jun 17,2021) Published
- Case Status:
- Affirmed
- Ruling:
- Under Hitt v. Glass (In re Glass), 164 B.R. 759, 765 (9th Cir. BAP 1994), aff’d, 60 F.3d 565 (9th Cir. 1995), a trustee may defeat a debtor's exemption on property released from a lien or...
- Judge(s):
- LAFFERTY, FARIS, and TAYLOR, Bankruptcy Judges
- Tag(s):
-
- Citation:
- No. 17-1108 (1st Circuit, Jun 02,2021) Published
- Case Status:
- Affirmed
- Ruling:
- The Federal Rules of Bankruptcy Procedure, and not the Federal Rules of Civil Procedure, apply to cases for which federal courts have jurisdiction under the "related to" jurisdictional grant of 28...
- Judge(s):
- Lynch and Selya, Circuit Judges, and Katzmann, Judge of the US Court of International Trade, sitting by designation
- Tag(s):
-
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