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Summaries by Michael Cooley
- 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):
-
- 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):
-
- Citation:
- 16-1971 (4th Circuit, Mar 29,2018) Published
- Case Status:
- Reversed
- Ruling:
- A chapter 13 debtor may strip down a creditor’s undersecured (or fully underwater) lien whether or not that creditor filed a proof claim, and this power arises under § 1322(b), and not § ...
- Judge(s):
- King, Diaz, and Shedd
- Tag(s):
-
- 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):
-
- 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):
-
- Ruling:
- Individuals maintaining an interest in their residence, such as through a self-settled trust, retain an equitable ownership interest that is property of the estate and therefore qualified for the...
- Judge(s):
- Cornish, Nugent, and Mosier
- Tag(s):
-
- 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- Distinguishing its prior ruling in In re Frost, the Fifth Circuit held that funds withdrawn from an otherwise exempt retirement account by a chapter 7 debtor after the petition date constituted a...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):
-
- 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):
-
- 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):
-
- 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):
-
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