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Summaries by Michael Cooley

Situm v. Coppess (In re Coppess)

Citation:
17-6010 (8th Circuit, Apr 27,2017) Not Published
Case Status:
Affirmed
Ruling:
Where the bankruptcy court made no written findings of fact and conclusions of law to support confirmation of the plan and the appellant provided no transcript or audio recording of the bankruptcy...
Judge(s):
Schermer, Federman, and Shodeen
Tag(s):

Harper v. The Oversight Committee (In re Conco, Inc.)

Citation:
16-6166 (6th Circuit, Apr 28,2017) Published
Case Status:
Affirmed
Ruling:
Concluding that the mere interpretation of a confirmed plan by a bankruptcy constitute did not constitute either a modification of the confirmed chapter 11 plan or the application of the Bankruptcy...
Judge(s):
Daughtrey, Sutton, and Donald.
Tag(s):

Levin v. Carlton (In re Carlton)

Citation:
BAP No. CO-15-044 (10th Circuit, Jan 18,2017) Not Published
Case Status:
Affirmed
Ruling:
Although the Court addressed multiple procedural and substantive issues in the opinion, it principally held that the mere recitation of procedural rules and requirements is insufficient to warrant...
Judge(s):
Nugent, Somers, and Hall.
Tag(s):

McDermott v. Crabtree (In re Crabtree)

Citation:
16-6028 (8th Circuit, Jan 24,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The 8th Circuit concluded that the bankruptcy court misapplied § 522(o) by reducing the debtors' homestead exemption by the value of the nonexempt assets converted into the homestead, rather than...
Judge(s):
Federman, Saladino, and Nail.
Tag(s):

Hermann v. Hartford Casualty Insurance Co.

Citation:
No. 16-1145 (10th Circuit, Jan 12,2017) Not Published
Case Status:
Affirmed
Ruling:
The Tenth Circuit affirmed the district court's dismissal of a debtor's claim against an insurance company for wrongful denial of a worker's compensation, holding that the debtor was judicially...
Judge(s):
Holmes, Baldock, and Bacharach
Tag(s):

U.S. Department of Labor v. Harris (In re Harris)

Citation:
16-6024 (8th Circuit, Jan 06,2017) Not Published
Case Status:
Affirmed
Ruling:

Concluding that the facts relevant to the inquiry were undisputed, the BAP affirmed the bankruptcy court's decision declaring the Department of Labor's judgment against the debtor for...

Judge(s):
Federman, Saladino, and Nail.
Tag(s):

Dymarkowski v. Savage (In re Hadley)

Citation:
16-8010 (6th Circuit, Dec 21,2016) Published
Case Status:
Affirmed
Ruling:

Concluding that the debtor's attorney had not previously perfected a lien on two vehicles pledged by the debtor prior to bankruptcy as collateral for the repayment of unpaid legal fees, the...

Judge(s):
Delk, Preston, and Wise
Tag(s):

Parkview Adventist Medical Center v. U.S.A.

Citation:
16-1731 (1st Circuit, Nov 29,2016) Published
Case Status:
Affirmed
Ruling:

Affirming the lower courts’ decisions, the First Circuit held that the termination by the Centers for Medicare & Medicaid Services (CMS) of their provider agreement with the debtor did not...

Judge(s):
Lynch, Stahl, and Barron
Tag(s):

O&S Trucking, Inc. v. Mercedes Benz Financial Services, USA (In re O&S Trucking, Inc.)

Citation:
No. 15-2048 (8th Cir. Jan. 22, 2016).
Ruling:
Bankruptcy Appellate Panel correctly dismissed as moot debtor’s appeal from order confirming chapter 11 plan, where debtor had not objected to its plan prior to confirmation. Affirmed.
Judge(s):
Colloton, Gruender, and Shepherd.
Tag(s):

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