Brown Media Corp. v. K&L Gates, LLP
Apr
14
2017
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.)
Issue(s)
Defenses and Objections -- When and How Presented -- By Pleading or Motion --
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Court
:
( ) [ Circuit Court ]
- 11 U.S.C.
Dingley, In re--Dingley v. Yellow Logistics. LLC
Apr
03
2017
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.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.
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Court
:
( Judge Clifton ) [ Circuit Court ]
Gugliuzza, In re--Gugliuzza v. FTC
Mar
24
2017
Ruling
Court did not have jurisdiction to review district court's order where judgment did not end the litigation on the merits. (9th Cir.)
Issue(s)
Final Decisions of District Courts.
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Court
:
( Judge Ikuta ) [ Circuit Court ]
Kipp Flores Architects, L.L.C. v. Mid-Continent Cas. Co.
Mar
24
2017
Ruling
Architectural designer did not have a "deemed allowed" claim that constituted res judicata against debtor as there was nothing in debtor's no-asset case that required claims allowance. (5th Cir.)
Issue(s)
Allowance of Claims or Interests; Objections.
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Court
:
( Judge Jones ) [ Circuit Court ]
- 11 U.S.C.
Brown, In re--Brown v. Ellmann
Mar
20
2017
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.)
Issue(s)
Exemptions.
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Court
:
( Judge Merritt ) [ Circuit Court ]
- 11 U.S.C.
Lunsford, In re--Lunsford v. Techs. Servs., LLC
Feb
15
2017
Ruling
Debt to the investor was nondischargeable as debt was caused by debtor's violation ofsecurities laws. (11th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities Violations; Federal or Common Law.
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Court
:
( Judge Pryor ) [ Circuit Court ]
- 11 U.S.C.
Appling, In re--Appling v. Lamar, Archer & Cofrin, LLP
Feb
15
2017
Ruling
Debt to creditor was dischargeable where debtor's false statements about a single asset werenot in writing. (11th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
:
( Judge Pryor ) [ Circuit Court ]
- 11 U.S.C.
Wiggains, In re--Appling v. Lamar, Archer & Cofrin, LLP
Feb
14
2017
Ruling
Bankruptcy court's assesment that the partition agreement between the debtor and his spousewas a fraudulent transfer affirmed because there was a direct evidence of debtor's actual intentto hinder or delay. (5th Cir.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
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Court
:
( Judge Southwick ) [ Circuit Court ]
Lardas v. Grcic
Feb
03
2017
Ruling
An aunt lacked standing to raise her claim that partners schemed to deprive her nephew of hisinterest in a shopping center as the interest has already been sold to good faith purchasers. (7thCir.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing.
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Court
:
( Judge Hamilton ) [ Circuit Court ]
Whitley, In re--Ivey v. First Citizens Bank & Trust Co.
Jan
31
2017
Ruling
Deposits and wire transfers made by debtor into his checking account were not avoidabletransfers as the debtor continued to possess, control, and have custody over the funds. (4th Cir.)
Issue(s)
Fraudulent Transfers and Obligations; Elements Of Fraudulent Transfers.
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Court
:
( Judge Gregory ) [ Circuit Court ]