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Summaries by Michael Cooley
- Citation:
- 22-1424 (7th Circuit, Nov 27,2023) Published
- Case Status:
- Affirmed
- Ruling:
- 1) Under the Rooker-Feldman doctrine, a state-court judgment creditor is not guaranteed an allowed claim for the state-court judgment once the debtor files for bankruptcy relief. The state court...
- Judge(s):
- FLAUM, KIRSCH, and JACKSON-AKIWUMI
- Tag(s):
-
- Citation:
- CO-20-055, CO-20-059 (10th Circuit, Dec 01,2021) Not Published
- Case Status:
- Affirmed
- Ruling:
- An exception from discharge under § 523(a)(2)(B) was warranted where the debtor provided written financial statements that omitted certain debts that—if disclosed—would likely have...
- Judge(s):
- Somers, Jacobvitz, and Loyd
- Tag(s):
-
- Citation:
- 19-30795 (5th Circuit, Nov 12,2021) Published
- Case Status:
- Affirmed
- Ruling:
- Although a confirmed plan can discharge the liability of a nondebtor guarantor, it can limit a creditor’s claim against a nondebtor guarantor by determining the source and value of payments to be...
- Judge(s):
- Elrod, Southwick, and Costa
- Tag(s):
-
- Citation:
- 19-8005 (6th Circuit, Apr 08,2020) Not Published
- Case Status:
- Affirmed
- Ruling:
- The “carve-out” provision of a cash collateral order of the sort ordinarily meant to assure payment of professionals’ fees will be interpreted according to its plain terms, and will not be...
- Judge(s):
- Dales, Mashburn, and Price Smith
- Tag(s):
-
- Ruling:
- An oversecured creditor’s claim for postpetition default interest under § 506(b) should be computed at the rate—default or nondefault provided in the parties’ agreement, and should be...
- Judge(s):
- Saladino, Schermer, and Shodeen
- Tag(s):
-
- Citation:
- 18-3363 (7th Circuit, Feb 11,2020) Published
- Case Status:
- Affirmed
- Ruling:
- A reclamation claim made under UCC § 2-702 and 11 U.S.C. § 546(c) does not give rise to a purchase money security interest, and is inferior to a previously perfected floating lien on the assets...
- Judge(s):
- Sykes, Hamilton, and Scudder
- Tag(s):
-
- Citation:
- WO-19-030 (10th Circuit, Jan 30,2020) Not Published
- Case Status:
- Affirmed
- Ruling:
- Legal fees in a contingent fee case are earned over the duration of that case, not upon merely receipt of funds; therefore, an Oklahoma state law exemption protecting 75% of professional service...
- Judge(s):
- Nugent, Michael, and Mosier
- Tag(s):
-
- Citation:
- 18-40557 (5th Circuit, Aug 06,2019) Published
- Case Status:
- Affirmed
- Ruling:
- The doctrine of sovereign immunity does not preclude a sale of real property under § 363(f) free and clear of an easement across such property that existed in favor of a political subdivision of...
- Judge(s):
- Higginbotham, Smith, and Higginson
- Tag(s):
-
- Citation:
- 18-11091 (5th Circuit, Jul 30,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- Reaffirming its commitment to the Brunner test to determine the dischargeability of student loans, the Fifth Circuit affirmed the lower courts’ refusal to discharge a chapter 7 debtor’s student...
- Judge(s):
- Jones, Ho, and Oldham
- Tag(s):
-
- Citation:
- WO-18-068 (10th Circuit, Jun 04,2019) Published
- Case Status:
- Affirmed
- Ruling:
- The bankruptcy court did not abuse its discretion by imposing a $25,000 saction against an attorney for failure to disclose compensation received as required by 11 USC 329 and Fed. R. Bankr. P....
- Judge(s):
- Somers, Mosier, and Marker
- Tag(s):
-
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