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Summaries by David Treacy
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 3 years 1 month ago
- Citation:
- BAP No. AZ-22-1140-LSF (9th Circuit, Mar 07,2023) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Ninth Circuit's Bankruptcy Appellate Panel held the bankruptcy court properly dismissed with prejudice a judgment creditor's claim to except a debt from the debtors' discharge based on...
- Judge(s):
- LAFFERTY, SPRAKER, and FARIS
- Tag(s):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 3 years 1 month ago
- Citation:
- BAP No. SC-22-1111-GBS (9th Circuit, Feb 21,2023) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Ninth Circuit's Bankruptcy Appellate Panel affirmed a summary judgment excepting a debt from the debtors' discharge under 11 U.S.C. § 523(a)(3)(A) in the full amount of the creditor's state...
- Judge(s):
- GAN, BRAND, and SPRAKER
- Tag(s):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 3 years 2 months ago
- Citation:
- No. 21-4014 (6th Circuit, Feb 07,2023) Published
- Case Status:
- Reversed
- Ruling:
- Tracing equity receivership principles back to the High Court of Chancery in England in the 18th century, the Sixth Circuit held a district court in a receivership case erred by approving a...
- Judge(s):
- Gibbons, Rogers, Murphy
- Tag(s):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 3 years 2 months ago
- Citation:
- BAP No. CC-22-1106-LCF (9th Circuit, Jan 30,2023) Not Published
- Case Status:
- Affirmed
- Ruling:
- The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in granting a creditor in rem relief from the automatic stay under 11 USC § 362(d)(4)....
- Judge(s):
- LAFFERTY, CORBIT, and FARIS
- Tag(s):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 3 years 3 months ago
- Citation:
- 22-10189 (5th Circuit, Jan 11,2023) Published
- Case Status:
- Affirmed
- Ruling:
- The U.S. Court of Appeals for the Fifth Circuit (1) upheld a bankruptcy court's order permitting a Reorganized Debtor to create/fund an "Indemnity Sub-Trust," in lieu of acquiring D&O insurance as...
- Judge(s):
- King, Stewart, and Haynes
- Tag(s):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 3 years 4 months ago
- 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):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 3 years 5 months ago
- 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):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 3 years 5 months ago
- 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):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 3 years 5 months ago
- 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):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 3 years 6 months ago
- 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):
-
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