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Summaries by Samuel Henninger
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- Ruling:
- Bankruptcy court correctly found debtor in contempt for a willful stay violation because debtor knew of the automatic stay and acted intentionally to violate it.
- Judge(s):
- Lafferty, Spraker, Taylor
- Tag(s):
-
- Citation:
- No. 18-6022, 2019 WL 177965 (8th Circuit, Jan 14,2019) Not Published
- Case Status:
- Dismissed
- Ruling:
- A foreclosure sale in a bankruptcy case is not subject to modification by an appellate court unless the appellant receives a stay pending appeal.
- Judge(s):
- Saladino, Nail, Dow
- Tag(s):
-
- Citation:
- No. 18-40003, 2019 WL 101886 (5th Circuit, Jan 04,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- Because the tortious interference claim alleging a direct injury to the company's former CEO is not property of the estate, there is no basis for bankruptcy court jurisdiction.
- Judge(s):
- Wiener, Southwick, Costa
- Tag(s):
-
- Ruling:
- 8th Circuit affirmed dismissal by bankruptcy court (E.D. Mo.) of plaintiff's claim for disgorgement because no disgorgement had been ordered in the underlying class action. Thus, the bankruptcy...
- Judge(s):
- Loken, Benton, Shepherd
- Tag(s):
-
- Citation:
- BAP Nos. CC-18-1052-STaL, CC-18-1058-STaL (Consolidated), 2018 WL 6565685 (9th Cir. Dec. 12, 2018) (9th Circuit, Dec 12,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- BAP of the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) granting summary judgment to creditor on an issue of whether debtor should be barred from relitigating the fraud...
- Judge(s):
- Spraker, Taylor, Lafferty
- Tag(s):
-
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