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Summaries by Samuel Henninger
- Citation:
- No. CC-18-1333-LSTa (9th Circuit, Sep 04,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- Properties owned by wife and debtor were property of the estate. Despite being held by the couple as joint tenants, the properties were presumed to be community property.
- Judge(s):
- Lafferty, Spraker, Taylor
- Tag(s):
-
- Citation:
- AZ-18-1289-BFL, 2019 WL 3959627 (9th Circuit, Aug 21,2019) Published
- Case Status:
- Reversed
- Ruling:
- Creditor was not entitled to attorney's fees before prevailing in the state court litigation.
- Judge(s):
- Brand, Faris, Lafferty
- Tag(s):
-
- Citation:
- No. CC-18-1066-TaLS, 2019 WL 3074607 (9th Circuit, Jul 12,2019) Published
- Case Status:
- Affirmed
- Ruling:
- When a creditor voluntarily files a CCP § 685.080 motion with the bankruptcy court for an award of postpetition attorneys' fees, § 108(c) does not toll the two-year limitation in CCP § 685.080.
- Judge(s):
- Taylor, Lafferty, Spraker
- Tag(s):
-
- Citation:
- No. CC-18-1337-FLKu, 2019 WL 3003903 (9th Circuit, Jul 10,2019) Published
- Case Status:
- Reversed and Remanded
- Ruling:
- Modification order reset the 180-day deadline for creditor to file its adversary proceeding seeking revocation of debtor's chapter 11 plan confirmation under section 1144.
- Judge(s):
- Faris, Lafferty, Kurtz
- Tag(s):
-
- Citation:
- No. CO-18-089, 2019 WL 2403105 (10th Circuit, Jun 07,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- Creditors produced no evidence to prove that debtor made false representations with intent to deceive, committed actual fraud, inappropriately diverted any payments they made, or willfully and...
- Judge(s):
- Nugent, Cornish, Hall
- Tag(s):
-
- Citation:
- No. CC-18-1321-FLS, 2019 WL 2399708 (9th Circuit, Jun 06,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- Debtor was a vexatious litigant, and his claims suffered from numerous fatal defects. Debtor's claims were properly dismissed with prejudice.
- Judge(s):
- Faris, Lafferty, Spraker
- Tag(s):
-
- Ruling:
- Bankruptcy court misapplied California law. Debtor remained liable for the entire amount of his own educational loan debt even though he agreed to a 50-50 division of the debt with his ex-wife in...
- Judge(s):
- Faris, Brand, Kurtz
- Tag(s):
-
- Citation:
- No. EC-18-1098-SLB, 600 B.R. 415 (9th Circuit, May 21,2019) Published
- Case Status:
- Affirmed
- Ruling:
- Because the rents remain property of the estate, ownership of the funds has never reverted to the debtor.
- Judge(s):
- Spraker, Lafferty, Brand
- Tag(s):
-
- Citation:
- No. 17-11526, 2019 WL 2240565 (5th Circuit, May 24,2019) Published
- Case Status:
- Reversed and Remanded
- Ruling:
- Fifth Circuit certified question to Texas Supreme Court: whether UFTA good faith requires a transferee on inquiry notice to conduct an investigation or show such an investigation would have been...
- Judge(s):
- Stewart, Dennis, Willett
- Tag(s):
-
- Citation:
- No. 18-2219, 2019 WL 2183203 (6th Circuit, May 21,2019) Published
- Case Status:
- Affirmed
- Ruling:
- Lawyer failed to establish Article III standing to appeal bankruptcy court's order approving trustee's final report because lawyer failed to show that it suffered an injury in fact.
- Judge(s):
- Moore, Sutton, Murphy
- Tag(s):
-
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