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Asset Management Holdings, LLC v. Alelia Hernandez (In re Hernandez)

Summarizing by Lars Fuller

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Summaries by Michael Cooley

Port of Corpus Christi Auth v. Sherwin Alumina Company L.L.C.

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):

Thomas v. Department of Education (In re Thomas)

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):

SE Property Holdings, LLC v. David Stewart (In re- Stewart)

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):

Steven Dollman v. Philip Montoya (In re Mendoza & Armijo)

Citation:
BAP Nos. NM-18-019, NM-18-030 (10th Circuit, Feb 05,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy Rule 1009(a), which permits a debtor to amend its schedules “at any time before the case is closed,” applies equally in a case that has been closed and subsequently reopened such...
Judge(s):
Michael, Romero, and Somers
Tag(s):

Mendez-Nunez v. FOMB

Citation:
18-1773 (1st Circuit, Feb 20,2019) Published
Case Status:
Affirmed
Ruling:
Claims challenging the PROMESA Board’s decisions to not certify Puerto Rico’s fiscal plan and to instead certify a fiscal plan of its own development were properly dismissed for lack of subject...
Judge(s):
Lynch, Souter (by designation), Stahl
Tag(s):

Pittner v. Castle Peak 2011-1 Loan Trust

Citation:
MB 17-021 (1st Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated. On a...
Judge(s):
Godoy, Finkle, and Cary
Tag(s):

Asociacion de Titulares de Condominio Castillo v. Dimarco

Citation:
17-009 (1st Circuit, Feb 08,2018) Published
Case Status:
Affirmed
Ruling:
First, a motion for “reconsideration” under Fed. R. Civ. P. 59 or 60 does not toll the 14-day deadline for filing an appeal under Fed. R. Bankr. P. 8002(b). Second, since the discharge in...
Judge(s):
Feeney, Harwood, and Fagone.
Tag(s):

Hawk v. Engelhart (In the Matter of Hawk)

Citation:
16-20641 (5th Circuit, Sep 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Distinguishing its prior ruling in In re Frost, the Fifth Circuit held that funds withdrawn from an otherwise exempt retirement account by a chapter 7 debtor after the petition date constituted a...
Judge(s):
Stewart, Wiener, and Prado
Tag(s):

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