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Summaries by Michael Cooley
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- Citation:
- No. WO-15-035 (10th Cir. B.A.P. Feb. 4, 2016).
- Ruling:
- Bankruptcy court correctly avoided judicial lien against debtor’s homestead despite debtor’s fraudulent and inequitable conduct that warranted denial of discharge under § 727. Affirmed.
- Judge(s):
- Karlin, Cornish, and Michael.
- Tag(s):
-
- 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):
-
- Citation:
- No. 15-6020 (8th Cir. B.A.P. Jan. 19, 2016).
- Ruling:
- BAP affirmed bankruptcy court's finding that 522(f)(1) permits a debtor to avoid any judicial lien, including inchoate and unenforceable lien, that "fixes" upon exempt property.
- Judge(s):
- Kressel, Schermer, and Nail.
- Tag(s):
-
- Citation:
- No. 15-6029 (8th Cir. B.A.P. Dec. 21, 2015).
- Ruling:
- Bankruptcy court did not abuse its discretion in concluding that some, but not all, of a debtor’s student loans were nondischargeable. Affirmed.
- Judge(s):
- Kressel, Saladino, and Shodeen.
- Tag(s):
-
- Citation:
- No. 15-6012 (8th Cir. B.A.P. Dec. 2, 2015).
- Ruling:
- Trust distributions that had become fully alienable and were no longer protected by spendthrift provisions were not excluded from the bankruptcy estate by § 541(c)(2) and were therefore available...
- Judge(s):
- Schermer, Saladino, and Nail.
- Tag(s):
-
- Citation:
- No. 14-1365 (8th Cir. B.A.P. Mar. 9, 2015).
- Ruling:
- Transfers sought to be avoided by the debtors as preferential totaled less than $600 in the aggregate, and were therefore subject to the § 547(c)(8) defense for consumer payments. Affirmed.
- Judge(s):
- Colloton, Bright, and Shepherd.
- Tag(s):
-
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