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Summaries by Bradley Pearce
- Citation:
- BAP No. EC-21-1140-TBG (9th Circuit, Mar 10,2022) Not Published
- Case Status:
- Reversed and Remanded
- Ruling:
- A contract to sell real property is no longer executory, regardless of what performance has not been completed, if a state court has entered an order compelling specific performance. Because a...
- Judge(s):
- TAYLOR, BRAND, and GAN, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. ID-21-1156-SGB (9th Circuit, Mar 02,2022) Not Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court correctly ruled that it did not have jurisdiction over a former debtor's claims relating to fees owed by the debtor who, as a prisoner, filed petitions in forma pauperis. Under...
- Judge(s):
- SPRAKER, GAN, and BRAND, Bankruptcy Judges
- Tag(s):
-
- 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):
-
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