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Summaries by Lars Fuller

Colby v. Milholland

Citation:
BAP CO-16-019 (10th Circuit, Mar 07,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Colo) finding that order limiting discovery was not abuse of discretion given parties' attempt to abuse discovery for attrition purposes....
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

Diwan, L.L.C. v. Maha-Vishnu Corp. (In re Diwan, L.L.C.)

Citation:
No. 16-1317 (8th Circuit, Nov 16,2017) Published
Case Status:
Affirmed
Ruling:
Eighth Circuit affirmed district court (S.D. Iowa), which affirmed bankruptcy court orders denying confirmation and dismissing chapter 11 case. Debtor's plan subordinating secured claim to sole...
Judge(s):
Colloton, Beam, Gruender
Tag(s):

Wharton v. Schwartzer (In re Wharton)

Citation:
BAP No. NV-16-1218-JuFY (9th Circuit, Feb 13,2017) Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (D. Nev.) order granting chapter 7 trustee's motion for turnover of a vehicle, notwithstanding debtors' claim of exemption. The...
Judge(s):
Jury, Fairs, Yun
Tag(s):

Chu v. State of Texas (In the Matter of Chu)

Citation:
No. 15-11001 (5th Circuit, Feb 09,2017) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed ruling of district court (N.D Tex.), which affirmed bankruptcy court's entry of summary judgment in favor of creditor on objection to chapter 7 debtor's discharge. State of...
Judge(s):
Jolly, Higginbotham, Graves
Tag(s):

Cox v. Nostaw, Inc. (In re Central Ill. Energy Coop.)

Citation:
No. 16-1389 (7th Circuit, Feb 08,2017) Published
Case Status:
Dismissed
Ruling:
In five paragraph order, 7th Circuit dismissed appeal and remanded on motion of appellant, after parties agreed to terms of settlement following mediation. Appellant filed motion to dismiss appeal...
Judge(s):
Ripple
Tag(s):

Blixseth v. Cushman & Wakefield of Colorado, Inc.

Citation:
No. 15-1375 (10th Circuit, Feb 03,2017) Not Published
Case Status:
Affirmed
Ruling:
The Tenth Circuit affirmed the district court's (D. Colo.) dismissal under Rule 12 and Rule 56 of 27 claims against three defendants (the same nine claims against each) for alleged torts related to...
Judge(s):
Phillips & Seymour (Judge Gorsuch of the panel did not participate in the judgment)
Tag(s):

Lopez v. Raicevic (In re Lopez)

Citation:
BAP No. SC-15-1335-YJuF (9th Circuit, Feb 01,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) granting summary judgment in favor of creditors/plaintiffs on 523(a)(2)(A) dischargeability claim based on issue...
Judge(s):
Yun, Jury, Faris
Tag(s):

Zenovic v. Crump (In re Zenovic)

Citation:
BAP No. SC-15-1204-FYJu (9th Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a nondischargeability action, the BAP for the 9th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (SD Cal.). The BAP found that the BAP properly applied...
Judge(s):
Faris, Yun, Jury
Tag(s):

Tomkow v. Barton (In re Tomkow)

Citation:
BAP No. CC-16-1075-TaFMc (9th Circuit, Jan 05,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (CD Cal.) ruling granting summary judgment in favor of creditor determining that state court judgment was nondischargeable pursuant to...
Judge(s):
Taylor, Faris, McKittrick
Tag(s):

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