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Summaries by Bradley Pearce
- 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):
-
- Ruling:
- A judgment entered by a Utah state court as a sanction for producing fraudulent documents in discovery may have preclusive effect on the issue of fraud in subsequent 11 U.S.C. § 523(a)(2)(A) and...
- Judge(s):
- CROOM, GUSTAFSON, and PRICE SMITH, Bankruptcy Appellate Panel Judges
- Tag(s):
-
- Citation:
- BAP No. AZ-20-1270-BSL (9th Circuit, Dec 22,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court properly granted summary judgment on a § 727(a)(3) and (a)(4)(A) nondischargability complaint against a debtor who (1) failed to maintain adequate books and records from...
- Judge(s):
- BRAND, SPRAKER, and LAFFERTY, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 21-50230 (5th Circuit, Dec 17,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- A party seeking to file an objection to discharge must obtain an order granting an extension if the claim objection is not filed within 60 days after the first date set for the first meeting of...
- Judge(s):
- Higginbotham, Higginson, and Duncan, Circuit Judges
- Tag(s):
-
- Citation:
- BAP No. CC-21-1116-LFS (9th Circuit, Nov 23,2021) Published
- Case Status:
- Affirmed
- Ruling:
- A creditor required to file notice to perfect its interests in a debtor's property under 11 U.S.C. § 546(b) must do so before the non-bankruptcy limitations period expires. Section 546(b)(2)...
- Judge(s):
- LAFFERTY, FARIS, and SPRAKER, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. CO-20-062 (10th Circuit, Nov 12,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Bankruptcy Court did not err in holding that the debtor failed to meet the standards for pleading fraud and that the debtor had waived her claim for emotional distress. The debtor's standing as...
- Judge(s):
- SOMERS, JACOBVITZ, and LOYD, Bankruptcy Judges
- Tag(s):
-
- Citation:
- 20-11652 (11th Circuit, Nov 01,2021) Published
- Case Status:
- Affirmed
- Ruling:
- 11 U.S.C. § 363(m) made the individual debtors' appeal of a sale of property statutorily moot when the debtors failed to post a supersedeas bond and the sale was consummated.
In dictum, the...
- Judge(s):
- JORDAN, BRASHER, and JULIE CARNES, Circuit Judges
- Tag(s):
-
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