Circuit Court

Ross, In re

Ruling: 
Filing injunction imposed against debtor was an abuse of discretion as it barred debtor from filing bankruptcy absent the bankruptcy court's express permission. (3d Cir.)
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Consumer case opionion summary, case decided on June 08,2017, LexisNexis #0717-032

Blixseth v. Yellowstone Mt. Club, LLC

Ruling: 
Plaintiff's complaint contesting the dischargeability of a debt was dismissed as it was filed outside of the time allowed by Rule 4007(c). (Bankr. N.D. Ga.)
Court: ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on April 18,2017, LexisNexis #0517-117

Tronox Inc., In re--Tronox Inc. v. Kerr-McGee Corp.

Ruling: 
Court dismissed plaintiffs' appeal for lack of jurisdiction as their perosnal injury claims based on the conduct of the debtors were generalized "derivative" claims that fall within the property of the bankruptcy estate. (2d Cir.)
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Consumer case opionion summary, case decided on April 20,2017, LexisNexis #0517-114

Salamon, In re--Mastan v. Salamon

Ruling: 
Creditor could not transform its non-recourse claim into a recourse claim as the property securing the lien had already been foreclosed upon by a senior lienholder. (9th Cir.)
Court: 9th Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on April 20,2017, LexisNexis #0517-107

Curran, In re--Privitera v. Curran

Ruling: 
Bankruptcy court did not abuse its discretion in dismissing a creditor's claim under 523(a)(2)(B) as the creditor had not pled either material falsity or misrepresentation. (1st Cir.)
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Consumer case opionion summary, case decided on April 20,2017, LexisNexis #0517-098

Porter v. Nabors Drilling USA, L.P.

Ruling: 
Governmental unit exception to the automatic bankruptcy stay did not apply to a Private Attorney General Act action in which the governmental unit did not request, direct, or join the filing. (9th Cir.)
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Commercial case opionion summary, case decided on April 20,2017, LexisNexis #0517-093

Brown Media Corp. v. K&L Gates, LLP

Ruling: 
Court vacated district court's judgment granting defendants' motion to dismiss on res judicatawhere claims for breach of fiduciary duty, tortious interference with contract, and commonlaw fraud were not of the sort that should have been raised in the underlying bankruptcyproceedings. (2d Cir.)
Court: ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on April 14,2017, LexisNexis #0517-089

Dingley, In re--Dingley v. Yellow Logistics. LLC

Ruling: 
Bankruptcy court erred in sanctioning creditor for violation of automatic stay by pursuing civil contempt proceedings against debtor as civil contempt proceedings were exempted from stay. (9th Cir.)
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Consumer case opionion summary, case decided on April 03,2017, LexisNexis #0517-035

Gugliuzza, In re--Gugliuzza v. FTC

Ruling: 
Court did not have jurisdiction to review district court's order where judgment did not end the litigation on the merits. (9th Cir.)
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Consumer case opionion summary, case decided on March 24,2017, LexisNexis #0417-116

Brown, In re--Brown v. Ellmann

Ruling: 
Bankruptcy court properly denied debtor's claim for an exemption under § 522 on the basis of the value of her state-law redemption rights in a property as there was no residual equity in the property upon which her claimed exemptions could attach. (6th Cir.)
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Consumer case opionion summary, case decided on March 20,2017, LexisNexis #0417-101

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