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Summaries by Shane Ramsey
- Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
- 4 years 6 months ago
- Citation:
- Nos. 17-3630, 17-3663 & 17-3664 (7th Circuit, Mar 14,2019) Published
- Case Status:
- Reversed
- Ruling:
- Bankruptcy court entered order maintaining property in the chapter 13 bankruptcy estate for the duration of the chapter 13 plan. Relying on § 1327(b), which provides: “[e]xcept as otherwise...
- Judge(s):
- Easterbrook, Rovner, and Hamilton
- Tag(s):
-
- Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
- 4 years 6 months ago
- Citation:
- BAP No. CC-18-1267-SFL (9th Circuit, Mar 11,2019) Not Published
- Case Status:
- Reversed
- Ruling:
- Ninth Circuit BAP reversed decision of bankruptcy court granting creditor’s Rule 9011 motion for sanctions against chapter 7 debtor, holding that such claim for fees was property of creditor’s...
- Judge(s):
- Spaker, Faris, and Lafferty
- Tag(s):
-
- Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
- 4 years 6 months ago
- Ruling:
- Ninth Circuit BAP affirmed bankruptcy court order sanctioning chapter 7 debtor for suing chapter 7 trustee, without bankruptcy court approval, based upon the Barton doctrine, but reversed and...
- Judge(s):
- Brand, Kurtz, and Taylor
- Tag(s):
-
- Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
- 4 years 6 months ago
- Citation:
- 18-6024 (8th Circuit, Feb 28,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- .Eighth Circuit held that the bankruptcy court did not abuse its discretion in dismissing Chapter 13 debtor's bankruptcy case for failing to comply with credit counseling requirements; despite...
- Judge(s):
- Saladino, Nail, and Dow
- Tag(s):
-
- Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
- 4 years 7 months ago
- Citation:
- 18-1166 (9th Circuit, Feb 11,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- Chapter 7 Trustee was entitled to turnover of debtor’s residential property, and could evict debtor from the property, under § 542(a) inasmuch as “there[] [was] ample evidence demonstrating...
- Judge(s):
- Faris, Kurtz, and Taylor
- Tag(s):
-
- Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
- 4 years 7 months ago
- Citation:
- 18-1148 (9th Circuit, Feb 11,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- Chapter 7 discharge barred trustee of trustee from seeking to collect on debts owed to the trustee of an estate planning trust in his individual capacity, but did not prohibit the trustee, in his...
- Judge(s):
- Taylor, Faris, and Kurtz
- Tag(s):
-
- Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
- 4 years 7 months ago
- Citation:
- 18-60394 (5th Circuit, Feb 07,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- Individual debtor was barred by doctrine of judicial estoppel from suing to enforce alleged loan she made to certain individuals based on her failure to disclose the loan in her prior bankruptcy...
- Judge(s):
- Davis, Jones, and Dennis
- Tag(s):
-
- Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
- 4 years 8 months ago
- Citation:
- BAP No. CO-18-063 (10th Circuit, Jan 22,2019) Published
- Case Status:
- Affirmed
- Ruling:
- Chapter 7 trustee, who had obtained an order in the Chapter 11 case of debtor's single-member LLC substituting himself for debtor as manager of LLC and authorizing him to manage and operate LLC's...
- Judge(s):
- Nugent, Michael, and Somers
- Tag(s):
-
- Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
- 4 years 8 months ago
- Ruling:
- The 4th Circuit held that a state court judgment confirming an arbitration award did not preclude plaintiff’s fraudulent transfer claims and alter-ego claims under doctrine of res judicata. With...
- Judge(s):
- Keenan, Floyd, and Thacker.
- Tag(s):
-
