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Summaries by Jonathan Batiste

Donna Embry v. Carrington Mortgage Services, LLC, et al

Citation:
No. 24-13352 (11th Circuit, Nov 06,2025) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The district court erred by granting the defendants’ summary judgment motion for the Real Estate Settlement Procedures Acts claim because the plaintiff attached the required Qualified Written...
Judge(s):
Jordan, Luck, and Anderson
Tag(s):

Michael Tindall v. Samuel Sweet

Citation:
No. 24-1945 (6th Circuit, Nov 04,2025) Not Published
Case Status:
Affirmed
Ruling:
Appellant forfeited his challenge to the bankruptcy court’s alternate rationale for its decision by not briefing it. The circuit court can affirm the judgment based on the alternate rationale....
Judge(s):
White, Stranch, and Murphy
Tag(s):

Bestwall LLC v. Official Committee of Asbestos Claimants

Citation:
No. 24-1493 (4th Circuit, Oct 30,2025) Published
Case Status:
Affirmed
Ruling:
The circuit court denied Creditor’s petition for rehearing en banc. A debtor’s financial condition is irrelevant for the purpose of assessing federal court subject-matter jurisdiction in a...
Judge(s):
En banc, King (dissenting)
Tag(s):

DUARTE V. HILLARD, ET AL.

Citation:
No. 24-5156 (9th Circuit, Oct 23,2025) Not Published
Case Status:
Affirmed
Ruling:
Creditors must affirmatively demonstrate their intent to enforce claims against debtors before creditor’s claim bar date. Debtors’ schedules do not constitute informal proofs of claim and do...
Judge(s):
Paez, Bea, and Forrest
Tag(s):

WARFIELD V. NANCE

Citation:
No. 24-2745 (9th Circuit, Oct 14,2025) Published
Case Status:
Reversed and Remanded
Ruling:
There can be no claim preclusion of state and federal claims of exemption because § 522(b)(1) and Schedule C prohibit raising state and federal homestead exemptions on a single schedule. The claim...
Judge(s):
Berzon, Bennett, and Lefkow
Tag(s):

In the matter of Carol Alison Ramsay Rose

Citation:
No. 21-40718 (5th Circuit, Oct 17,2025) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Texas law requires that parties proffer evidence that allows courts to calculate lost profits with reasonable certainty. Damages cannot be upheld if not based on sufficient evidence or a legally...
Judge(s):
Elrod, Richman, and Oldham
Tag(s):

re: SYLVIA N. EMIABATA; PHILIP O. EMIABATA

Citation:
No. 24-2870 (3rd Circuit, Oct 07,2025) Not Published
Case Status:
Affirmed
Ruling:
The circuit court affirmed the district court’s decision upholding the bankruptcy court’s dismissal of Debtors’ petition and imposition of a new filing bar. The bankruptcy court had the...
Judge(s):
Hardiman, Matey, and Chung
Tag(s):

Marisa Smith v. Shoma Homes At Nautica Single Family

Citation:
No. 24-12183 (11th Circuit, Oct 06,2025) Not Published
Case Status:
Affirmed
Ruling:
The circuit court affirmed the district court’s finding that the bankruptcy court did not err by annulling the automatic stay or denying Debtor's motion for reconsideration. The record supported...
Judge(s):
Branch, Grant, and Anderson
Tag(s):

SEI INSIEME LLC V. 307 ASSETS LLC

Citation:
No. 24-2881-bk (2nd Circuit, Sep 29,2025) Not Published
Case Status:
Affirmed
Ruling:
The circuit court affirmed the district court’s finding that Creditor’s appeal was equitably moot. Creditor did not move to stay the bankruptcy court’s confirmation order; relief would be...
Judge(s):
Reena Raggi, Raymond J. Lohier, Jr., and Michael H. Park
Tag(s):

YELLOW CORPORATION V. MFN PARTNERS LP et al.

Citation:
No. 25-1421 (3rd Circuit, Sep 16,2025) Published
Case Status:
Affirmed
Ruling:
The circuit court found that the Pension Benefit Guaranty Corporation’s (“PBGC”) regulations are valid exercises of its power under the American Rescue Plan Act of 2021. The PBGC’s...
Judge(s):
Shwartz, Montgomery-Reeves, and Ambro
Tag(s):

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