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Summaries by David Treacy

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):

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):

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