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Storey Minerals v. EP Energy E&P

Summarizing by Danielle Scott

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WHITCOMB V. SMITH

Citation:
MB 16-044 (1st Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
In a sad tale of family discord and proof of the adage that "no good deed goes unpunished," the BAP affirmed the bankruptcy court's judgment that the debtor's obligations to her daughter and...
Judge(s):
DEASY, CARY, FAGONE, United States Bankruptcy Appellate Panel Judges
Tag(s):

In re Escarcega, et al.

Citation:
NC-16-1333 through -1336, and NC-16-1358 (9th Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
In a lengthy opinion, the BAP: (1) held that (a) confirmed Chapter 13 plans could not cannot properly provide the debtors with the right to unilaterally modify the plan without notice and court...
Judge(s):
JURY, FARIS, BRAND, US Bankruptcy Judges
Tag(s):

Charles Gabus Motors, Inc. v. Tirrell (In re Tirrell)

Citation:
17-6009 (8th Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
A debtor who has avoided dischargeability litigation by a settlement with the plaintiff-creditor cannot rely on weather or other "the dog ate my homework" excuses for his or her failure to strictly...
Judge(s):
SALADINO, SCHERMER, NAIL
Tag(s):

Dorsey v. U.S. Department of Education (In the Matter of Dorsey)

Citation:
16-31085 (5th Circuit, Sep 01,2017) Published
Case Status:
Affirmed
Ruling:
1) The deadline in Bankruptcy Rule 8002 is jurisdictional. The failure to timely file a notice of appeal deprives the district court or BAP, and the Court of Appeals, of jurisdiction. (2) Filing a...
Judge(s):
SMITH, OWEN, HIGGINSON
Tag(s):

Zazzali v. U.S.A. (In re DBSI, Inc.)

Citation:
16-35597 (9th Circuit, Aug 31,2017) Published
Case Status:
Affirmed
Ruling:
Section 106(a)(1) abrogates sovereign immunity, allowing bankruptcy trustees to sue the United States under state fraudulent transfer law for prepetition tax payments. Disagreeing with the Seventh...
Judge(s):
Hawkins, Gould, Paez
Tag(s):

Twin City Pipe Trades Service Asso., Inc. v. Wenner Quality Services, Inc.

Citation:
16-1791 (8th Circuit, Aug 29,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a case with the thinnest of connections to bankruptcy (the owners of the corporate defendant filed for bankruptcy relief; Sara Wenner then was dismissed from the federal ERISA litigation), the...
Judge(s):
SMITH, COLLOTON, KELLY
Tag(s):

State of Missouri Department of Social Services v. Spencer (In re Spencer)

Citation:
16-3182, 16-3183 (8th Circuit, Aug 22,2017) Published
Case Status:
Affirmed
Ruling:
A discharge granted to Chapter 13 debtors does not enjoin the state from post-discharge collection of non-dischargeable domestic support obligation, even if a portion of such obligation was...
Judge(s):
WOLLMAN and LOKEN, Circuit Judges, and NELSON (D. Minn,, sitting by designation)
Tag(s):

Donahue v. Poole (In re Poole)

Citation:
CC-16-1439-LTaKu (9th Circuit, Aug 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirming the bankruptcy court's decision that plaintiff had failed to carry her burden of proving that a judgment debt, awarded as damages for an accident that occurred while the debtor allegedly...
Judge(s):
LAFFERTY, TAYLOR, KURTZ
Tag(s):

Trainor v. Evans (In re Evans)

Citation:
CC-16-1356-KuFTa (9th Circuit, Aug 09,2017) Not Published
Case Status:
Affirmed
Ruling:
The evidentiary record did not support a finding that the bankruptcy court had committed reversible error by entering judgment in favor of the debtor in nondischargeability litigation. The BAP will...
Judge(s):
KURTZ, FARIS , TAYLOR (Bankruptcy Judges)
Tag(s):

Whitney v. Everett (In re Pacific Thomas Corp.)

Citation:
NC-16-1255-BJuF (9th Circuit, Aug 03,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirming the bankruptcy court's denial of the appellant's motion for relief from stay that would allow the appellant to prosecute a state mandamus action that the appellant had brought on behalf...
Judge(s):
BRAND, JURY, FARIS (bankruptcy judges)
Tag(s):

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