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Summaries by Amir Shachmurove

In re: Philip Charles DeVries

Citation:
20-6011 (8th Circuit, Nov 25,2020) Published
Case Status:
Reversed
Ruling:
As to whether § 1232 allows a Chapter 12 plan to compel a taxing authority to disgorge pre-petition withholdings, the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) held that this...
Judge(s):
Barry S. Schermer (Author); Charles L. Nail, Jr.; and Dennis R. Dow
Tag(s):

Lawrence Wohleber, Jr. v. Jennifer Skurko

Citation:
19-3223, 19-3225 (6th Circuit, Nov 18,2020) Not Published
Case Status:
Dismissed
Ruling:
The Panel dismissed the appeal, of Jennifer Skurko (Skurko) and Leslie Gentile (Gentile, and with Skurko, Defendants), of an order of the Bankruptcy Appellate Panel (BAP), which reversed the...
Judge(s):
Helene N. White; Alice M. Batchelder; and Eric E. Murphy
Tag(s):

Wells Fargo Bank N.A. v. Mahogany Meadows Avenue Trust

Citation:
18-17320 (9th Circuit, Nov 05,2020) Published
Case Status:
Affirmed
Ruling:
Wells Fargo (WF), the panel held, did not suffer an uncompensated taking under the Constitution’s Takings Clause (TC). Below, WF had attacked a foreclosure sale by a homeowners’ association...
Judge(s):
Mary H. Murguia; Eric D. Miller; and George Caram Steeh III
Tag(s):

LaTasha Tennial v. REI Nation

Citation:
No. 20-5358 (6th Circuit, Oct 28,2020) Published
Case Status:
Affirmed
Ruling:
Having previously treated Bankruptcy Rule 8002(a)(1)'s appellate deadline as jurisdictional, the Sixth Circuit here held it to be mandatory. The panel pointed to Supreme Court cases limning the...
Judge(s):
Jeffrey S. Sutton; Deborah L. Cook; and Helene N. White
Tag(s):

In re Dennis Baham

Citation:
NV-20-1081-TaBG (9th Circuit, Sep 30,2020) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion awarding the Bank of New York Melon (BNY) the attorneys’ fees and costs incurred in litigating and defeating the bad faith chapter 13 filing of...
Judge(s):
Laura S. Taylor; Julia W. Brand; and Scott H. Gan
Tag(s):

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