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Summaries by Sarah Tomlinson

Baird v. Crosthwait

Citation:
United States Court of Appeals for the Fifth Circuit 19-60762 (5th Circuit, Dec 29,2020) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the district court's order, which had affirmed the bankruptcy court decision to not award the Plaintiff enhanced statutory damages for timber trespass, because the COA...
Judge(s):
The Hons. Davis, Stewart, and Dennis
Tag(s):

In re Gateway Radiology Consultants

Citation:
United States Court of Appeals for the Eleventh Circuit No. 20-13462 (11th Circuit, Dec 22,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The Court of Appeals vacated the bankruptcy court's approval of Gateway Radiology Consultants' (Debtor) motion to incur indebtedness, because the COA concluded that the Small Business...
Judge(s):
The Hons. Rosenbaum, Anderson, and Carnes
Tag(s):

In re Jeffrey Brooks

Citation:
United States Bankruptcy Appellate Panel Case No. 20-6014 (8th Circuit, Nov 25,2020) Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court (D. Neb.) in full in that cause existed to modify the automatic stay, because the Debtor was in default under the plan. The BAP agreed with the bankruptcy...
Judge(s):
The Hons. Schermer, Nail, and Dow
Tag(s):

In re Michael Maloney

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. CC-20-1130-LST (9th Circuit, Nov 06,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court in full in that property held by an LLC under Minnesota law is not property of an individual debtor. Therefore, the automatic stay does not extend to...
Judge(s):
The Hons. Lafferty, Spraker, and Taylor
Tag(s):

In re Anselmo and Alma Cabral

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. CC-20-1061-LST (9th Circuit, Nov 05,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court (C.D. Cal.) in full in that no cause for dismissal existed to allow the Debtors to dismiss their Chapter 7 under 11 U.S.C. § 707(a). The BAP noted that the...
Judge(s):
The Hons. Lafferty, Spraker, and Taylor
Tag(s):

In re Tammy Ogletree

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. NC-20-1087-FBG (9th Circuit, Nov 04,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court in full. The BAP discussed that bankruptcy court did not error in determining the present value available for distribution or the amount available under a...
Judge(s):
The Hons. Faris, Brand, and Gan
Tag(s):

Thomas Scott Tufts v. Edward C. Hay

Citation:
United States Court of Appeals for the Eleventh Circuit Nos. 19-11496 & 19-11603 (11th Circuit, Oct 20,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Court of Appeals for the Eleventh Circuit (COA) affirmed the U.S. District Court’s decision to deny the motion to dismiss for lack of personal jurisdiction. However, the COA reversed the...
Judge(s):
The Hons. Martin, Rosenbaum, and Tallman
Tag(s):

Christopher Marino v. Ocwen Loan Servicing

Citation:
9th Cir. Case No. 19-15530 (9th Circuit, Oct 20,2020) Published
Case Status:
Affirmed
Ruling:
Ninth Circuit affirmed District Court (D. Nev.) grant of summary judgment in favor of defendant. The COA held that a violation under the Fair Credit Report Act (FCRA), 15 U.S.C. Sec. 1681(a)(3)(A)...
Judge(s):
Richard A. Paez, Carlos T. Bea, Lynn S. Adelman (District Judge sitting by appointment)
Tag(s):

In re Phillip and Jennifer Rodriguez

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. NC-20-1086-TaBG (9th Circuit, Oct 16,2020) Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court’s denial of confirmation and decision to disallow vehicle operation expense over the value provided by the Local Standards set forth by the Internal Revenue...
Judge(s):
The Hons. Taylor, Brand, and Gan
Tag(s):

In re Twiford Enterprises, Inc.

Citation:
United States Bankruptcy Appellate Panel Case No. WY-19-037 (10th Circuit, Oct 15,2020) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court award of postpetition interest, attorneys’ fees, and costs to the Bank. The BAP specified that the bankruptcy court's prior order which overruled the...
Judge(s):
The Hons. Somers, Jacobvitz, and Loyd
Tag(s):

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