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Summaries by David Treacy

Petr v. BMO Harris Bank N.A. (In re BMO Harris Bank N.A.)

Citation:
No. 23-1931 (7th Circuit, Mar 15,2024) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Seventh Circuit held the "safe harbor" of 11 U.S.C. § 546(e), which shields from avoidance certain transfers made “in connection with a securities contract,”...
Judge(s):
ST. EVE, KIRSCH, and LEE
Tag(s):

Coeptis Equity Fund LLC v. Hoskins (In re Coeptis Equity Fund LLC)

Citation:
No. 23-60001 (9th Circuit, Mar 15,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court didn't err in denying a chapter 11/subchapter V debtor's motion for relief under Fed. R. Bankr. P 9024/Fed. R. Civ. P....
Judge(s):
S. THOMAS, MCKEOWN, and CHRISTEN
Tag(s):

COEPTIS EQUITY FUND LLC V. GINA KLUMP (IN RE COEPTIS EQUITY FUND LLC)

Citation:
No. 23-60003 (9th Circuit, Mar 15,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not abuse its discretion in approving compensation for a Subchapter V Trustee over a debtor’s objection for work...
Judge(s):
S. THOMAS, MCKEOWN, and CHRISTEN
Tag(s):

In re: Kleynerman

Citation:
No. 22-2947 (7th Circuit, Feb 27,2024) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Seventh Circuit held a bankruptcy court did not err in granting a chapter 7 debtor's motion to reopen a case to avoid a judicial lien on the debtor's LLC...
Judge(s):
EASTERBROOK, WOOD, and KIRSCH
Tag(s):

Insight Terminal Sols., LLC v. Cecelia Fin. Mgmt., LLC (In re Insight Terminal Sols., LLC)

Citation:
No. 23-8004 (6th Circuit, Feb 28,2024) Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Sixth Circuit held a bankruptcy court did not abuse its discretion in refusing to disallow or recharacterize a claim. A significant problem the appellant...
Judge(s):
CROOM, DALES, and GUSTAFSON
Tag(s):

BANK OF NEW YORK MELLON V. SFR INVESTMENT POOL, 1, LLC

Citation:
No. 22-16663 (9th Circuit, Feb 20,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit affirmed a district court's rulings in favor of the holder of a deed of trust in a quiet title action against, inter alia, the purchaser of...
Judge(s):
R. NELSON, FORREST, and SANCHEZ
Tag(s):

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):

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