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Summaries by David Treacy
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 8 months 4 weeks ago
- Citation:
- 25-10293 (11th Circuit, May 28,2025) Not Published
- Case Status:
- Affirmed
- Ruling:
- The U.S. Court of Appeals for the Eleventh Circuit upheld a district court's sua sponte dismissal, with prejudice, of a pro se plaintiff/debtor's in forma pauperis complaint against a bankruptcy...
- Judge(s):
- NEWSOM, GRANT, and BRASHER
- Tag(s):
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- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 9 months 5 days ago
- Citation:
- No. 23-4220 (9th Circuit, May 22,2025) Published
- Case Status:
- Affirmed
- Ruling:
- The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's order confirming a chapter 13 plan over a creditor's objections. Most notably, the court held, as a matter of first...
- Judge(s):
- Mary M. Schroeder, William A. Fletcher, and Consuelo M. Callahan
- Tag(s):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 9 months 4 days ago
- Ruling:
- In a 2-1 decision, the Fifth Circuit held a bankruptcy court erred in refusing to consider a debtor's unclean hands defense to a claim to except a state court judgment debt from discharge under 11...
- Judge(s):
- Higginbotham, Willett, and Ho
- Tag(s):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 9 months 1 week ago
- Ruling:
- The Second Circuit Court of Appeals held a standing trustee cannot keep a percentage fee collected from a debtor’s pre-confirmation payments if a chapter 13 plan isn't confirmed. While 28 U.S.C....
- Judge(s):
- SACK, CARNEY, and BIANCO
- Tag(s):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 9 months 1 week ago
- Ruling:
- The U.S. Court of Appeals for the Third Circuit held a magistrate judge properly exercised jurisdiction to enter a final judgment in an appeal from an adversary proceeding pursuant to 28 U.S.C. §...
- Judge(s):
- BIBAS, FREEMAN, and ROTH
- Tag(s):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 9 months 3 weeks ago
- Citation:
- No. 24-1781 (3rd Circuit, Apr 24,2025) Published
- Case Status:
- Reversed
- Ruling:
- The U.S. Court of Appeals for the Third Circuit reinstated a bankruptcy court's order sanctioning the Appellee Law Firm by (a) disgorging all fees it collected from the ch. 7 Debtors/Appellants as...
- Judge(s):
- KRAUSE, PORTER, and ROTH
- Tag(s):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 10 months 3 weeks ago
- Citation:
- No. 24-50494 (5th Circuit, Apr 02,2025) Not Published
- Case Status:
- Affirmed
- Ruling:
- The U.S. Court of Appeals for the Fifth Circuit affirmed a bankruptcy judge's entry of a contempt order and default judgment against the appellant/defendant/debtor in a non-dischargeability action...
- Judge(s):
- Elrod, Higginbotham, and Ramirez
- Tag(s):
-
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 11 months 4 weeks ago
- Citation:
- No. 24-2159 (3rd Circuit, Mar 03,2025) Published
- Case Status:
- Affirmed
- Ruling:
- The Third Circuit affirmed a bankruptcy court's summary judgment ruling that a claim is not time barred when the claimant timely files a proof of claim in the bankruptcy case but does not file a...
- Judge(s):
- RESTREPO, PORTER, and RENDELL
- Tag(s):
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- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 11 months 4 weeks ago
- Citation:
- No. 24-4201 (9th Circuit, Feb 26,2025) Not Published
- Case Status:
- Affirmed
- Ruling:
- The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's decision that an individual debtor was ineligible to proceed in bankruptcy under Subchapter V of chapter 11. Because...
- Judge(s):
- GOULD, NGUYEN, and BENNETT
- Tag(s):
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- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 1 year 1 week ago
- Citation:
- 24-255-bk (2nd Circuit, Feb 03,2025) Published
- Case Status:
- Affirmed
- Ruling:
- The U.S. Court of Appeals for the Second Circuit affirmed a bankruptcy court's order granting a motion to compel post-petition priority payment of $4.3M in brokers' fees under prepetition leases...
- Judge(s):
- WESLEY, LYNCH, and KAHN
- Tag(s):
-
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