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Storey Minerals v. EP Energy E&P

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In re: DANIEL RICHARD DOLL

Citation:
22-1004 (10th Circuit, Jan 18,2023) Published
Case Status:
Affirmed
Ruling:
When a chapter 13 plan is not confirmed and the case dismissed, the chapter 13 trustee has no right to keep the fee from pre-confirmation payments received by the trustee. This result arises from...
Judge(s):
HOLMES, EBEL, and EID
Tag(s):

In Re: JUDITH LACY BOZEMAN

Citation:
21-10987 (11th Circuit, Jan 10,2023) Published
Case Status:
Reversed and Rendered
Ruling:
A mortgage lien survives confirmation and consummation of a chapter 13 plan, notwithstanding anything to the contrary in the plan. Sidestepping the problem created by the confirmation of a plan...
Judge(s):
ROSENBAUM and TJOFLAT, Circuit Judges, and MOODY, District Judge
Tag(s):

Electric Reliability v. Just Energy

Citation:
22-20424 (5th Circuit, Jan 05,2023) Published
Case Status:
Reversed and Remanded
Ruling:
28 U.S.C. § 1334(c)(1) provides a statutory basis for abstention that supplements--but does not subsume--judicially created abstention doctrines; and judicially-created abstention doctrines apply...
Judge(s):
Southwick, Graves, and Engelhardt
Tag(s):

Brian J. Kelly v. Peter Herrell

Citation:
21-2442, 21-2443 (7th Circuit, Dec 22,2022) Not Published
Case Status:
Affirmed
Ruling:
By withdrawing a motion to dismiss the involuntary petition that, in essence, alleged fraud in the proceedings and by failing to argue in the appeal to the district court an argument raised in the...
Judge(s):
ROVNER, SCUDDER, ST, EVE
Tag(s):

Frank McIntyre v. Dennis Fangman, et al.

Citation:
BAP No. CO-22-003 (10th Circuit, Dec 30,2022) Not Published
Case Status:
Affirmed
Ruling:
Interpleaded funds claimed by a debtor before the filing of a bankruptcy case are not property of the estate, and disbursement of such funds does not violate the automatic stay. As a result of the...
Judge(s):
HALL, LOYD, and THURMAN, Bankruptcy Judges
Tag(s):

In re: THEOPHILUS SHAWN WILLIAMS,

Citation:
22-1067 (10th Circuit, Dec 13,2022) Published
Case Status:
Affirmed
Ruling:
A chapter 13 plan that does not expressly address a specific claim has no res judicata or equitable effect on such claim. Thus, a claim that is recognized as a secured claim under state law does...
Judge(s):
HOLMES, Chief Judge, HARTZ and ROSSMAN
Tag(s):

In re: DANIELA M. FARINA

Citation:
BAP No. NC-22-1071-TBF (9th Circuit, Dec 07,2022) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court properly approved a compromise between the Chapter 7 trustee and a creditor. The bankruptcy court is not required to make extensive or detailed findings of fact before...
Judge(s):
TAYLOR, BRAND, and FARIS, Bankruptcy Judges
Tag(s):

In re Ritchie Special Credit Investments, Ltd.;

Citation:
21-2707 (8th Circuit, Sep 13,2022) Published
Case Status:
Affirmed
Ruling:
A creditor (not an investor) does not have standing to sue another creditor for aiding and abetting a fraud perpetrated by a Chapter 7 debtor if the estate could assert the claim. Such a claim, a...
Judge(s):
GRASZ, STRAS, and KOBES
Tag(s):

IN RE: JOSEPH C SHEEHAN

Citation:
21-2946 & 21-2954 (7th Circuit, Sep 07,2021) Published
Case Status:
Affirmed
Ruling:
A bankruptcy court's in rem jurisdiction is insufficient to establish personal jurisdiction over foreign defendants, and the automatic stay of 11 U.S.C. § 362(a) is unenforceable if the bankruptcy...
Judge(s):
RIPPLE, ROVNER, and KIRSCH
Tag(s):

Mattlage-Thurmond v. First National Bank of McGregor

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):

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