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Summaries by Sarah Tomlinson

Rick Warren v. Alexander Bednar

Citation:
United States Bankruptcy Appellate Panel of the Tenth Circuit BAP Nos. WO-20-041; WO-20-042 (10th Circuit, Apr 27,2021) Not Published
Case Status:
Reversed and Remanded
Ruling:
The BAP reversed the bankruptcy court's decision which denied the creditors' request to garnish funds held by the Chapter 13 Trustee post-dismissal, and the BAP remanded the matter to allow the...
Judge(s):
The Hons. Romero, Somers, and Parker
Tag(s):

In re Ravasia

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. EW-20-1212-BTL (9th Circuit, Apr 16,2021) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the decision to allow the UST leave to amend the complaint, because the amended complaint related back to the original complaint under FRBP 7015. The additional objection to...
Judge(s):
The Hons. Brand, Taylor, and Lafferty
Tag(s):

In re Joshua Neil Harrell

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. EC-20-1091-BTL (9th Circuit, Mar 30,2021) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the bankruptcy court's decision dismissing the debtor's chapter 7 case for failure to file documents. The BAP noted that the...
Judge(s):
The Hons. Brand, Taylor, and Lafferty
Tag(s):

In re Charles Duff

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit Nos. CC-20-1092-LGF; CC-20-1095-LGF (9th Circuit, Mar 01,2021) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's decision to dismiss the Plaintiffs' complaint without leave to amend reasoning that the complaint failed to allege plausible facts to support any claim made...
Judge(s):
The Hons. Lafferty, Gan, and Faris
Tag(s):

In re Haynie

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. ID-20-1182-FLB (9th Circuit, Feb 12,2021) Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court in full when the bankruptcy court ruled that the last judgment in time should be granted preclusive effect, even if the same court issued a prior inconsistent...
Judge(s):
The Hons. Faris, Lafferty, and Brand
Tag(s):

In re Murray Energy Holdings Co.

Citation:
United States Bankruptcy Appellate Panel of the Sixth Circuit No. 20-8017 (6th Circuit, Feb 01,2021) Published
Case Status:
Dismissed
Ruling:
The Court of Appeals dismissed CONSOL's appeal of the Settlement Order and Opinion entered by the Bankruptcy Court for lack of standing. The Court of Appeals held that the Settlement Order did not...
Judge(s):
The Hons. Croom, Dales, and Wise
Tag(s):

In re James Rodriguez

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit No. SC-17-1245-FLB (9th Circuit, Feb 01,2021) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's finding that State Farm's claim was nondischargeable under § 523(a)(6), because the evidence supported each element and the...
Judge(s):
The Hons. Faris, Lafferty, and Brand
Tag(s):

Candise Hooker v. Wanigas Credit Union

Citation:
Case No. 20-2252 (6th Circuit, Jan 26,2021) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals for the Sixth Circuit affirmed the bankruptcy court's decision to deny the Creditor's motion for summary judgment, because the Creditor failed to show that the transfer to the...
Judge(s):
The Hons. Clay, Gibbons, and Nalbandian
Tag(s):

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):

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