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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

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Summaries by Samuel Henninger

IPC (USA), Inc. v. Kathryn A. Ellis (In re Pettit Oil Company)

Citation:
No. 17-60081, 2019 WL 1104662 (9th Circuit, Mar 11,2019) Published
Case Status:
Affirmed
Ruling:
Proceeds from consigned goods in consignee's possession on the petition date become property of the estate unless the consignor has perfected its interest.
Judge(s):
Fletcher, Bybee, Burns
Tag(s):

Benzeen Inc. v. UST - United States Trustee, Woodland Hills (In re Benzeen Inc.)

Citation:
CC-18-1185-FLS, 2019 WL 1096334 (9th Circuit, Mar 06,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court cannot sua sponte dismiss debtor's chapter 11 case without providing debtor with proper notice prior to dismissing its case or considering the best interests of the estate and...
Judge(s):
Faris, Lafferty, Spraker
Tag(s):

Jakubaitis v. JPMorgan Chase Bank, N.A. (In re Jakubaitis)

Citation:
CC-18-1069-FLS (9th Circuit, Mar 07,2019) Not Published
Case Status:
Affirmed
Ruling:
The error in granting relief from the automatic stay was harmless because the discharge injunction left creditor free to enforce its in rem rights against debtor's car without seeking permission...
Judge(s):
Faris, Lafferty, Spraker
Tag(s):

In re Picard

Citation:
No. 17-2992(L), 2019 WL 903978 (2nd Circuit, Feb 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Neither the presumption against extraterritoriality nor international comity principles bar the trustee of a domestic debtor from recovering property that the debtor transferred to a foreign entity...
Judge(s):
Jacobs, Pooler, Wesley
Tag(s):

Lehman XS Trust v. Greenpoint Mortage Funding, Inc.

Citation:
No. 17-1290, 2019 WL 452888 (2nd Circuit, Feb 06,2019) Published
Case Status:
Affirmed
Ruling:
District court properly dismissed U.S. Bank's claims as untimely. The claims were for breach of contract, indemnification, and breach of indemnification agreements.
Judge(s):
Wesley, Chin, Carney
Tag(s):

Baron v. Sherman

Citation:
No. 18-10182, 2019 WL 419380 (5th Circuit, Feb 04,2019) Published
Case Status:
Affirmed
Ruling:
In the 5th Circuit, bankruptcy trustees are entitled to qualified immunity for personal harms caused by actions that, while not pursuant to a court order, fall within the scope of their official...
Judge(s):
Reavley, Elrod, Willett
Tag(s):

CRP Holdings A-1, LLC v. O`Sullivan (In re O`Sullivan)

Citation:
No. 17-3226, 2019 WL 406685 (8th Circuit, Feb 01,2019) Published
Case Status:
Affirmed
Ruling:
Creditor's recording of a notice of foreign judgment created a cloud on debtor's title on his exempt homestead. Bankruptcy court could apply section 522(f) to clear the cloud on the title.
Judge(s):
Smith, Melloy, Stras
Tag(s):

Parr v. Rodriguez (In re Parr)

Citation:
No. CO-18-084, 2019 WL 365748 (10th Circuit, Jan 30,2019) Not Published
Case Status:
Affirmed
Ruling:
Pro se chapter 7 debtor failed to meet burden of justifying relief under FRCP 60(b) by failing to present evidence or legal arguments at an evidentiary hearing.
Judge(s):
Nugent, Cornish, Jacobvitz
Tag(s):

First State Bank of Roscoe v. Stabler (In re Stabler)

Citation:
No. 17-1904, 2019 WL 362454 (8th Circuit, Jan 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court properly held bank and its principal in contempt and sanctioned them for violating a final bankruptcy discharge injunction.
Judge(s):
Shepherd, Melloy, Grasz
Tag(s):

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