Wortley v. Bakst
Jan
05
2017
Ruling
Bankruptcy court's order modified and transferred to the district court as the bankruptcy courtdid not have statutory authority to enter dismissal absent consent by the parties in non-coreproceeding. (11th Cir.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Authority to Hear.
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Court
:
( Judge Jordan ) [ Circuit Court ]
- 11 U.S.C.
Smith v. Capital One Bank (USA), N.A.
Dec
22
2016
Ruling
Debtor's husband's card debt not covered by co-debtor stay as application of Wisconsinmarital law did not convert her husband's debts into her own. (7th Cir.)
Issue(s)
Stay of Action Against Codebtor.
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Court
:
( Judge Flaum ) [ Circuit Court ]
- 11 U.S.C.
Loventhal v. Edelson
Dec
21
2016
Ruling
Allowance of an exemption for property held by the debtor and her spouse as tennants byentireties granted. (7th Cir.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Interests Held as Tenant by the Entirety or Joint Tenant.
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Court
:
( Judge Posner ) [ Circuit Court ]
Kingdom Fresh Produce, Inc. v. Stokes Law Office, L.L.P. (In re Delta Produce, L.P.)
Dec
21
2016
Ruling
District court lacked jurisdiction in vacating the bankruptcy court's orders awarding interimfees to a special counsel. (5th Cir.)
Issue(s)
Employment of Professional Persons; Attorney Employed for Special Purpose.
ABI Membership is required to access the full summary of Kingdom Fresh Produce, Inc. v. Stokes Law Office, L.L.P. (In re Delta Produce, L.P.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Costa ) [ Circuit Court ]
Bates v. CitiMortgage, Inc.
Dec
14
2016
Ruling
District court did not err in ruling that lender did not violate discharge injunction ininforming debtor of potential tax consequences from foreclosure. (1st Cir.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.
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Court
:
( Judge Thompson ) [ Circuit Court ]
- 11 U.S.C.
HSBC Bank USA, N.A. v. Lassman (In re Demore)
Dec
13
2016
Ruling
Mortgage executed by attorney-in-fact could not be avoided as it was deemed as free act anddeed of debtors. (1st Cir.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Bona Fide Purchaser of Real Property.
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Court
:
( Judge Barron ) [ Circuit Court ]
Bustos v. Molasky (In re Molasky)
Dec
12
2016
Ruling
Intervenor allowed to continue to litigate as sole remaining party after adoption of originalcreditor's timely filed complaint. (9th Cir.)
Issue(s)
Determination of Dischargeability of a Debt; Time for Filing Complaint Under § 523(c) in a Chapter 7 Liquidation, Chapter 11 Reorganization, Chapter 12 Family Farmer’s Debt Adjustment Case, or Chapter 13 Individual’s Debt Adjustment Case; Notice of Time Fixed
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Court
:
( Judge Thomas ) [ Circuit Court ]
- 11 U.S.C.
Lyda v. City of Detroit (In re City of Detroit)
Nov
14
2016
Ruling
Municipal water company customers’ claims for injunctive relief properly dismissed. (6th Cir.)
Issue(s)
Limitation on Jurisdiction and Powers of Court.
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Court
:
( Judge Griffin ) [ Circuit Court ]
- 11 U.S.C.
Trentadue v. Gay (In re Trentadue)
Sep
14
2016
Ruling
District court properly affirmed holding that attorneys’ fees award to debtor’s spouse in childcustody proceeding was a nondischargeable domestic support obligation. (7th Cir.)
Issue(s)
Was award of attorneys’ fees due to debtor’s conduct that resulted in excessive trial time to resolve a child support case properly held to be nondischargeable?
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Court
:
7th Circuit ( ) [ Circuit Court ]
Tracht Gut, LLC v. Los Angeles Cnty. Treasurer & Tax Collector
Sep
08
2016
Ruling
Tax sale was not an avoidable fraudulent transfer. (9th Cir.)
Issue(s)
Whether the probankruptcy appellate panel properly extended the rule in BFP v. Resolution Trust Corp. to California tax sales?
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Court
:
9th Circuit ( ) [ Circuit Court ]