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Summaries by Alexandra Schnapp

STEVENSON v TND HOMES I, LP

Citation:
17-035 (1st Circuit, Apr 30,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion in dismissing the debtor's chapter 13 case for unreasonable delay prejudicial to creditors within the meaning of section 1307(c)(1) where the...
Judge(s):
Lamoutte, Finkle, and Harwood,
Tag(s):

Lorenzen v. Taggart

Citation:
16-35402 (9th Circuit, Apr 23,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court abused its discretion by concluding creditors knowingly violated the discharge injunction because a belief, even an unreasonable one, the discharge injunction did not apply...
Judge(s):
Edward Leavy, Richard A. Paez, and Carlos T. Bea
Tag(s):

Phillips v. Gilman

Citation:
16-55436 (9th Circuit, Apr 13,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The court had jurisdiction over the district court’s order affirming the grant of a homestead exemption. The bankruptcy court erred because it did not determine whether the debtor intended to...
Judge(s):
Michael Daly Hawkins, Barrington D. Parker, Jr., and Sandra S. Ikuta
Tag(s):

Lewis v. Kaelin (In re Cresta Technology Corp.)

Citation:
NC-17-1186-BSTa (9th Circuit, Apr 06,2018) Published
Case Status:
Affirmed
Ruling:
An ordinary check delivered to the creditor pre-petition, but honored post-petition, was transferred on the date of honor for purposes of § 549(a).
Judge(s):
Brand, Spraker, and Taylor
Tag(s):

Gardens Regional Hospital and Medical Center, Inc. v. State of CA

Citation:
CC-17-1198-LKuF (9th Circuit, Mar 12,2018) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not err in ruling that withholding of a percentage of (Medi-Cal Payments and Supplemental HQA Payments) payments owed to the debtor to recover unpaid quarterly fees was...
Judge(s):
Lafferty, Kurtz, and Faris
Tag(s):

Chamberlain v. Chamberlain

Citation:
No. 17-1121 (10th Circuit, Feb 20,2018) Not Published
Case Status:
Affirmed
Ruling:
The debtor's obligation to pay his children’s college expenses qualified as a “domestic support obligation.” In making this determination, the bankruptcy court properly looked to 1) the...
Judge(s):
Lucero, Bacharach, and Moritz
Tag(s):

Aspen Skiing Co., v. Cherrett (In re Cherrett)

Citation:
14-60079 (9th Circuit, Oct 16,2017) Published
Case Status:
Affirmed
Ruling:
A bankruptcy court’s order denying a motion to dismiss under 11 U.S.C. § 707(b) constitutes a final, appealable order. Further, debts used to purchase homes are not consumer debts as defined in...
Judge(s):
Marsha S. Berzon, Morgan Christen, and Jacqueline H. Nguyen
Tag(s):

IN RE: OPUS EAST LLC, ET AL.

Citation:
No. 16-2202 (3rd Circuit, Sep 28,2017) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the district court's (D. Del.) opinion affirming the bankruptcy court's decision 1) that the debtor was solvent when it transferred certain assets...
Judge(s):
Chagares, Restrepo, and Roth
Tag(s):

CARNS v MCNALLY

Citation:
CO-17-001 (10th Circuit, Sep 15,2017) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Tenth Circuit affirmed the bankruptcy court's determination that a creditor failed to meet his burden of proof under sections 727(d)(1) and 523(a)(3) where the...
Judge(s):
Michael, Hall, Thuma
Tag(s):

PINNACLE RESTAURANT AT BIG SKY LLC V CH SP ACQUISITIONS LLC

Citation:
15-35572 (9th Circuit, Sep 12,2017) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the order of the district court affirming the bankruptcy court’s decision that a bankruptcy trustee’s sale of a debtor’s property was free and...
Judge(s):
Kozinski, Fletcher, Block
Tag(s):

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