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Summaries by David Treacy

Petro v. Lindquist Consulting Inc.

Citation:
No. 22-3051 (3rd Circuit, Feb 07,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Third Circuit affirmed a district court's order dismissing Appellant's Fair Debt Collection Practices Act claim against a debt collector Appellee acting on behalf...
Judge(s):
RESTREPO, SCIRICA, and SMITH
Tag(s):

Makeen v. Wadsworth (In re Makeen)

Citation:
No. 23-1110 (10th Circuit, Jan 30,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Tenth Circuit held a bankruptcy court did not err in concluding a debtor, who operated a property rental business, could not exempt real property from the...
Judge(s):
HARTZ, PHILLIPS, and McHUGH
Tag(s):

In re Frantz

Citation:
BAP No. CC‐23‐1112‐FLG (9th Circuit, Dec 29,2023) Published
Case Status:
Reversed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court abused its discretion in issuing monetary sanctions sua sponte to chapter 13 debtors' counsel due to counsel's...
Judge(s):
FARIS, LAFFERTY, and GAN
Tag(s):

Smith v. United States Trustee (In re Figueroa)

Citation:
BAP No. AZ-23-1048-LCF (9th Circuit, Dec 19,2023) 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 (a) vacating an order awarding attorney fees to a chapter 7 trustee representing...
Judge(s):
LAFFERTY, CORBIT, and FARIS
Tag(s):

Cohen v. Cohen (In re Cohen)

Citation:
BAP No. CC-23-1057-CFL (9th Circuit, Dec 13,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court properly granted a motion to clarify or amend a prior order granting stay relief when the debtor's spouse, at a...
Judge(s):
CORBIT, FARIS, and LAFFERTY
Tag(s):

Walters v. Gallegos (In re Gallegos)

Citation:
BAP No. CO-22-017 (10th Circuit, Dec 05,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit held a bankruptcy court did not err in granting a summary judgment against a chapter 7 Trustee on a claim to avoid a post-petition transfer...
Judge(s):
MICHAEL, PARKER, and THURMAN
Tag(s):

California Palms Addiction Recovery Campus, Inc. v. Vara (In re California Palms Addiction Recovery Campus, Inc.)

Citation:
No. 23-3375 (6th Circuit, Nov 29,2023) Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit Court of Appeals held a bankruptcy court did not err in converting a chapter 11 case to chapter 7. The court explained a conversion order is final as it resolves a discrete...
Judge(s):
White, Thapar, and Bloomekatz
Tag(s):

Generation Capital I, LLC v. Fliss (In re Fliss)

Citation:
No. 22-1424 (7th Circuit, Nov 27,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Seventh Circuit held a bankruptcy court did not err in concluding the Rooker-Feldman doctrine and the doctrines of res judicata and collateral estoppel did not bar...
Judge(s):
Flaum, Kirsch, and Jackson-Akiwumi
Tag(s):

Watkins v. U.S. Bank National Association (In re: Watkins)

Citation:
BAP No. EC-22-1245-GLS (9th Circuit, Nov 09,2023) 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 dismissing the debtor/appellant's chapter 12 case with a three-year bar to refiling....
Judge(s):
Gan, Lafferty, and Spraker
Tag(s):

English v. Cage (In re Porter Development Partners, LLC)

Citation:
No. 23-20047 (5th Circuit, Nov 07,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit held a district court did not abuse its discretion in denying a pro se appellant's motion for an extension of time to file a notice of appeal.
Judge(s):
Wiener, Willett, and Douglas
Tag(s):

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