- 11 U.S.C.
Smith v. United States IRS (In re Smith)
Jul
13
2016
Ruling
Debtor’s tax debt for which returns were filed seven years late properly held to benondischargeable. (9th Cir.)
Issue(s)
Should the district court's order reversing the bankruptcy court and entering summary judgment in favor of the IRS in a debtor's adversary proceeding seeking a determination that his federal income tax liabilities were dischargeable in bankruptcy be reversed?
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Court
:
9th Circuit ( ) [ Circuit Court ]
Baker v. Harrington (In re Hoover)
Jun
29
2016
Ruling
Bankruptcy court did not err in imposing sanctions against debtor’s attorney for misstatingcase law. (1st Cir.)
Issue(s)
Did the bankruptcy court abuse its discretion in imposing a sanction on debtor’s attorney for twice describing the applicable law in a manner that it deemed to be misleading?
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Court
:
1st Circuit ( ) [ Circuit Court ]
- 11 U.S.C.
Pirani v. Baharia (In re Pirani)
May
27
2016
Ruling
Claim based on debtor's failure to secure releases was not barred by res judicata.
Issue(s)
Was creditors' claim for breach of settlement agreement barred by res judicata?
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Court
:
Judge or Jurisdiction information not available
Johnson v. Midland Funding LLC
May
24
2016
Ruling
Filing of time-barred proof of claim opened creditor up to liability under the Fair Debt Collection Practices Act.
Issue(s)
Did a creditor violate the Fair Debt Collection Practices Act by knowingly filing a proof of claim for a debt that is time-barred?
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Court
:
Judge or Jurisdiction information not available
Castaic Partners II LLC v. DACA-Castaic LLC (In re Castaic Partners II LLC)
May
23
2016
Ruling
Appeal dismissed as there was no case or controversy after underlying bankruptcy case was dismissed.
Issue(s)
Should appeal arising out of bankruptcy case that was dismissed be dismissed as moot?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Tench
May
11
2016
Ruling
Bankruptcy court lacked authority to extend deadline for filing proofs of claim on grounds of excusable neglect.
Issue(s)
Whether a bankruptcy court erred by allowing late-filed proofs of claim in a chapter 13 case on the basis that a creditor's delay was due to excusable neglect.
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Court
:
Judge or Jurisdiction information not available
Slobodian v. United States IRS (In re Net Pay Solutions Inc.)
May
10
2016
Ruling
Payments to IRS by debtor payroll servicer of taxes withheld from wages of clients' employees were not avoidable preferential transfers.
Issue(s)
Were payments to the IRS of taxes withheld from wages of debtor payroll servicer's clients avoidable preferential transfers?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re EPD Inv. Co. LLC
May
09
2016
Ruling
Fraudulent conveyance, subordination and disallowance claims were core proceedings not subject to arbitration.
Issue(s)
Were trustee's fraudulent conveyance, subordination, and disallowance claims subject to arbitration pursuant to an agreement signed by debtors?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Peet v. Checkett (In re Peet)
Apr
27
2016
Ruling
Bankruptcy court did not err in ordering sale of property owned by debtor and debtor spousein joint tenancy following the death of one debtor’s parents who had also been joint tenants.(8th Cir.)
Issue(s)
Did the death of one debtor’s parents who held title to property as joint tenants with the debtors convert the debtors’ ownership to a tenancy in common so that the bankruptcy court erred in ordering sale of the property?
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Court
:
8th Circuit ( ) [ Circuit Court ]
Uberoi v. Supreme Court of Fla.
Apr
18
2016
Ruling
Dismissal of debtor's complaint alleging discrimination on account of bankruptcy filing affirmed.
Issue(s)
Did the district court err in dismissing debtor's case alleging that her application to become a member of the state bar was wrongfully denied on account of her bankruptcy filing?
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Court
:
Judge or Jurisdiction information not available