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HOWARD V. RAY HODGE & ASSOCIATES, LLC

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 11 months 3 weeks ago
Citation:
24-2292 and 24-3833 (9th Circuit, Mar 11,2025) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Court of Appeals found that the facts supported the bankruptcy court's finding that a debt was nondischargeable due to the debtor's failure to disclose material facts before entering into an...
Judge(s):
SANCHEZ and H.A. THOMAS, Circuit Judges, and DONATO, District Judge, sitting by designation
Tag(s):

USSEC, ET AL V. CHICAGO TITLE COMPANY, ET

Citation:
22-56206, 22-56208 (9th Circuit, Feb 20,2025) Published
Case Status:
Affirmed
Ruling:
In a decision that reduced Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), to one footnote, the court ruled that district courts could enter third-party injunctions in SEC Ponzi-scheme...
Judge(s):
EBEL (sitting by designation), BADE, and FORREST, Circuit Court judges
Tag(s):

Excluded Lenders v. Serta

Citation:
23-20181, 23-20450, 23-20363 (5th Circuit, Feb 14,2023) Published
Case Status:
Reversed and Remanded
Ruling:
In the first review of Up-Tier lending (discussed in the "Facts" section of this summary) by a court of Appeals, the Fifth Circuit held that the pre-petition up-tier lending arrangement between the...
Judge(s):
HAYNES, WILLETT, and OLDHAM, Circuit Judges
Tag(s):

U LOCK V Christina Biros

Citation:
23-2293 (3rd Circuit, Jan 13,2025) Not Published
Case Status:
Reversed and Remanded
Ruling:
The district court has no jurisdiction to consider an appeal from an order of the bankruptcy court if the appellant fails to file the notice of appeal in a timely manner. A timely notice of appeal...
Judge(s):
SHWARTZ, MATEY, and McKEE, Circuit Judges
Tag(s):

Sunz Insurance Company v. U.S. Treasury Department, Internal Revenue Servic

Citation:
22-12336 (11th Circuit, Jan 08,2025) Published
Case Status:
Affirmed
Ruling:
A federal tax lien attaches to all of a debtor's assets and has priority from the date on which notice of the lien is filed. As a result, a secured creditor's security interest, even though...
Judge(s):
RANCH and LUCK, Circuit Judges, and BERGER, District Judge
Tag(s):

JORDEN SALDANA, ET AL V. MARTHA BR

Citation:
23-15860 (9th Circuit, Nov 22,2024) Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the lower courts, the United States Court of Appeals for the Ninth Circuit ruled that a Chapter 13 debtor who had made voluntary contributions to an employer-sponsored retirement plan...
Judge(s):
Sidney R. Thomas, Consuelo M. Callahan, and Gabriel P. Sanchez, Circuit Judges
Tag(s):

Dondero v. Jernigan

Citation:
24-10287 (5th Circuit, Nov 05,2024) Published
Case Status:
Affirmed
Ruling:
The appellants failed to meet their burden of showing that recusal of the bankruptcy judge was proper. Judicial recusal is proper only in exceptional circumstances, such as where the judge...
Judge(s):
Wiener, Willett, and Duncan, Circuit Judges
Tag(s):

Anna Juravin v. Florida Bankruptcy Trustee

Citation:
22-11356 (11th Circuit, Nov 05,2024) Published
Case Status:
Affirmed
Ruling:
When seizing assets pursuant to a court order, a bankruptcy trustee has judicial immunity so long as they act within the scope of their authority as court-appointed officers. In the case at hand,...
Judge(s):
ROSENBAUM, ABUDU, and TJOFLAT, Circuit Judges
Tag(s):

William P. Jackson v. United States

Citation:
24-6002 (8th Circuit, Oct 25,2024) Published
Case Status:
Dismissed
Ruling:
A debtor's appeal from an order granting a creditor relief from the automatic stay becomes moot if circumstances change so that the court cannot grant any effective relief. Thus, (i) the debtor's...
Judge(s):
HASTINGS, Chief Judge, SURRATT-STATES, AND CONSTANTINE, Bankruptcy Judges
Tag(s):

Timothy Miller v. Jason Wylie

Citation:
No. 24-1321 (6th Circuit, Oct 23,2024) Published
Case Status:
Reversed and Remanded
Ruling:
While a Chapter 7 trustee or creditor seeking to deny a debtor a discharge under 11 U.S.C. § 727(a)(2)(B) must adduce evidence that the debtor acted with the specific intent to frustrate the...
Judge(s):
SILER, GRIFFIN, and MATHIS, Circuit Judges
Tag(s):

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