ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
Summaries by Bradley Pearce
- 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):
-
- 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):
-
Pages
