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Summaries by David Treacy

Melissa Monday-West v. Wells Fargo Bank, N.A

Citation:
20-6381 (6th Circuit, Nov 09,2022) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Sixth Circuit affirmed a district court's dismissal of tort claims under Kentucky law against Wells Fargo Bank, N.A. related to its wrongful denial of requests for...
Judge(s):
BOGGS, LARSEN, and DAVIS
Tag(s):

In re: VANCE ZACHARY JOHNSON

Citation:
BAP No. CC-22-1074-LSG (9th Circuit, Nov 04,2022) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit upheld a bankruptcy court's post-trial judgment excepting a $514,245 debt from the chapter 7 debtor/appellant's discharge under 11 USC §...
Judge(s):
LAFFERTY, SPRAKER, and GAN
Tag(s):

In re: MARILYN THERESA PAVENTY

Citation:
BAP No. EC-21-1159-SLB (9th Circuit, Oct 28,2022) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit found a bankruptcy court did not abuse its discretion in denying a chapter 13 debtor's motion to reconsider an order denying her contempt motion....
Judge(s):
Brand, Lafferty, and Spraker (dissenting)
Tag(s):

In re: SOUTHERN CALIFORNIA RESEARCH, LLC; DARRELL MAAG,

Citation:
BAP No. CC-22-1055-TSG (9th Circuit, Oct 18,2022) Not Published
Case Status:
Dismissed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit dismissed an appeal of a bankruptcy court's order denying a creditor's motion to convert the debtors' chapter 11 cases to chapter 7 or,...
Judge(s):
TAYLOR, SPRAKER, and GAN
Tag(s):

Ultra Petro Corp v. Ad Hoc Com

Citation:
21-20008 (5th Circuit, Oct 14,2022) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit held that, while 11 U.S.C. § 502(b)(2) disallowed a contractual make-whole payment to noteholder-creditors as unmatured interest or its economic...
Judge(s):
Jolly and Elrod (majority), Oldham (dissenting)
Tag(s):

In re: CATHERINE TRINH

Citation:
BAP No. CC-21-1255-TLS (9th Circuit, Sep 22,2022) Not Published
Case Status:
Dismissed
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit (1) upheld a bankruptcy court's determination that it had jurisdiction to approve a trustee's motion to sell real property in accordance with...
Judge(s):
TAYLOR, LAFFERTY, and SPRAKER
Tag(s):

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