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Summaries by David Treacy

Rodgers, Powers & Schwartz, LLP v. Minkina (In re Minkina)

Citation:
No. 22-1624 (1st Circuit, Aug 24,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the First Circuit held a bankruptcy court did not err in calculating a Massachusetts debtor's tenancy by the entirety interest in property for purposes of the formula...
Judge(s):
Barron, Howard, and Montecalvo
Tag(s):

Pitman Farms v. ARKK Food Co., LLC (In re Simply Essentials, LLC)

Citation:
No. 22-2011 (8th Circuit, Aug 21,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Eighth Circuit affirmed a bankruptcy court's order permitting a chapter 7 trustee to sell chapter 5 avoidance actions as property of the debtor's estate.
Judge(s):
Smith, Melloy, and Erickson
Tag(s):

In re: BRENT EVAN WEBSTER

Citation:
BAP No. OR-23-1005-LBG (9th Circuit, Aug 16,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's order denying a debtor's motion to reopen his chapter 13 bankruptcy case because (1) a dismissed bankruptcy...
Judge(s):
LAFFERTY, BRAND, and GAN
Tag(s):

Next Level Properties, LLC v. Carbonell (In re Carbonell)

Citation:
BAP No. WW-23-1039-BGC (9th Circuit, Aug 08,2023) Not Published
Case Status:
Dismissed
Ruling:
The U.S. Bankruptcy Appellate Panel for the Ninth Circuit dismissed an appeal of an order denying relief from the automatic stay to complete a foreclosure sale as constitutionally moot. No live...
Judge(s):
BRAND, GAN, and CORBIT
Tag(s):

Castaldi v. Schwartzer (In re: Welscorp, Inc.)

Citation:
BAP No. NV-23-1031-BGC (9th Circuit, Jul 20,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit found a bankruptcy court properly granted summary judgment to a Chapter 7 Trustee who sought to avoid and recover actually fraudulent...
Judge(s):
BRAND, GAN, and CORBIT
Tag(s):

Tianjin Dinghui Hongjun Equity Inv. P'ship (L.P.) v. Pac. Links U.S. Holdings, Inc. (In re Pac. Links U.S. Holdings, Inc.)

Citation:
BAP No. HI-22-1191-BCL (9th Circuit, Jul 18,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not clearly err in finding a creditor received constructively fraudulent transfers from debtors related to their...
Judge(s):
BRAND, CORBIT, and LAFFERTY
Tag(s):

East Coast Foods, Inc. v. Development Specialists, Inc. (In re: East Coast Foods, Inc.)

Citation:
BAP No. CC-23-1034-FLS (9th Circuit, Jul 19,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not err in denying a debtor's motion for leave to sue the Chapter 11 Trustee in state court for alleged...
Judge(s):
FARIS, LAFFERTY, and SPRAKER
Tag(s):

In re: Louis N. Delloso

Citation:
No. 22-2532 (3rd Circuit, Jul 10,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy court's order denying a creditor's motion to reopen a chapter 7 case five years after closure. The deadlines for the creditor...
Judge(s):
KRAUSE, BIBAS and RENDELL
Tag(s):

Brugnara v. PSG Mortgage Lending Corp. (In re: PSG Mortgage Lending Corp.)

Citation:
BAP No. NC-22-1065-GBS (9th Circuit, Jun 29,2023) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not err in denying a motion to remand a removed civil action and in granting a summary judgment for the...
Judge(s):
GAN, BRAND, and SPRAKER
Tag(s):

Albaad USA, Inc. v. GPMI, Co. (In re: GPMI, Co.)

Citation:
BAP No. AZ-22-1231-CLB (9th Circuit, Jun 21,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's order confirming a debtor/appellee's chapter 11 plan over objections by an appellant/unsecured creditor. The...
Judge(s):
CORBIT, LAFFERTY, and BRAND
Tag(s):

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