238 results for 'cat:"Bankruptcy"'.
J. Southwick finds the district court properly found the investors' challenge of the bankruptcy court's removal of subrogation rights was statutorily and equitably moot. Provisions of the bankruptcy reorganization of the energy company, which stripped the sureties of their subrogation rights, were integral to the sale of the company's assets. Affirmed.
Court: 5th Circuit, Judge: Southwick , Filed On: February 20, 2024, Case #: 23-20104, Categories: bankruptcy, Construction, Debt Collection
J. Walter affirms the bankruptcy court’s decision on a lender's motion for judgment on the pleadings regarding a property that the debtor alleges his stepfather transferred to him. The stepfather's loan was secured by a second deed of trust against the property. After a decade-long default on the loan, a trustee's sale was held. The bankruptcy court did not err when it concluded that the debtor's wrongful foreclosure claim was barred by the doctrine of res judicata.
Court: USDC Central District of California, Judge: Walter, Filed On: February 13, 2024, Case #: 8:23cv19, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Pulliam finds a bankruptcy court ruled correctly in confirming a Chapter 13 bankruptcy plan after that plan was disputed by a loan servicing company. The company’s arguments here are “repetitive” and have already been “dispelled by courts in other divisions,” and the company is admonished that in the future it must “focus on ways in which it contends the bankruptcy court erred, rather than simply reiterating arguments made to the bankruptcy court.” Affirmed.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: February 12, 2024, Case #: 5:23cv361, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Civil Procedure
J. Martinez finds that the trial court should have granted a borrower leave to amend to support her claim that she mistakenly or inadvertently omitted the present lawsuit from a bankruptcy proceeding. And though the borrower failed to properly plead her bad faith foreclosure claim, she is still entitled to leave to amend. Reversed in part.
Court: California Courts Of Appeal, Judge: Martinez, Filed On: February 9, 2024, Case #: B317726, Categories: bankruptcy, Banking / Lending
J. Gilman finds the lower court erroneously dismissed the parent company's lawsuit against creditors. Although its subsidiary had stipulated to various claims filed by the creditors in a prior bankruptcy case, those stipulations did not constitute a final decision on the merits that would allow for the application of res judicata. Reversed.
Court: 6th Circuit, Judge: Gilman, Filed On: February 8, 2024, Case #: 23-5476, Categories: bankruptcy, Civil Procedure
J. Greene finds that the trial court properly denied the attorney additional fees from his former client who did not fully pay a note for a contingency fee debt and then filed for bankruptcy protection. The note did not obligate the former client to pay the additional fees that the attorney incurred in the bankruptcy case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 8, 2024, Case #: 2023CA0694, Categories: bankruptcy, Attorney Fees, Contract
J. DeGravelles affirms a bankruptcy court ruling dismissing the voluntary Chapter 7 petition by the majority member, owner and past president of a real estate development corporation. The unanimous consent of the members of the limited liability corporation is required to file a bankruptcy petition. Chapter 7 proceedings cannot dissolve a corporation and bankruptcy code does not provide for the dissolution of corporations; any dissolution of a corporation must be effectuated under state law. Affirmed.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: February 6, 2024, Case #: 3:23cv383, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Corporations
J. Harder finds a bankruptcy trustee improperly denied a mother's motion for unpaid child support against her ex-husband. The Chapter 7 trustee argued that the mother failed to present a valid claim for a lien in post-petition relief to obtain $80,000 in unpaid support. However, the mother sufficiently showed in court that her claim for child support arose before the order of relief, but before the case was converted under section 1307. Reversed.
Court: 8th Circuit, Judge: Hastings, Filed On: February 5, 2024, Case #: 23-6006, Categories: bankruptcy, Damages
J. Seeger grants a credit reporting company’s motion to dismiss two debtors’ injury and emotional distress claims. The credit company mistakenly reported the debtors had several thousand dollars in outstanding debt when in reality those debts had been written off in bankruptcy. Despite this, the company also reported that the debtors were making timely payments on the debts, reflecting positively in their credit reports. Because the court finds the debtors failed to show any tangible injury from the mistakes, it dismisses the claims for lack of standing.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 1, 2024, Case #: 1:22cv617, NOS: Consumer Credit - Other Suits, Categories: bankruptcy, Debt Collection, Emotional Distress
J. Windhorst finds that the trial court properly granted a creditor's motion for no cause of action on a debtor's negligence claim related to the creditor improperly disbursing money to the debtor's contractor for remodeling work. In this case, the debtor signed an authorization to immediately disburse the funds to the contractor after signing the loan documents. Further, the debtor does not show that she signed the loan and authorization under duress. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: January 31, 2024, Case #: 23-CA-174, Categories: bankruptcy, Negligence, Contract
J. Douglas finds the bankruptcy court properly developed the confirmation plan and transferred remaining assets of the wood fuel pellet processing facility to the asset liquidation trustee. Third parties assigned certain legal claims to the liquidation trust based on misstatements made by a fundraiser, and the trustee pursued these in state court. Although the fundraiser could have objected to the trustee's ability to accept third-party assignments by raising the concerns as the manufacturer developed its bankruptcy plan, it is too late to raise the concerns several years after the confirmation plan. Affirmed.
Court: 5th Circuit, Judge: Douglas , Filed On: January 30, 2024, Case #: 23-30040, Categories: bankruptcy, Trusts, Business Expectancy
J. Fallon finds for the insurance company of a bankrupt New Orleans-based genetic testing laboratory whose principals were barred from participation in any federal health care program for 25 years after they admitted to a fraudulent kickback scheme. The insurer for the failed laboratories is not required to pay state judgments in favor of two former employees in an employment compensation dispute totaling $3.2 million. The breach of contract exclusions contained in provisions of the bankrupt laboratories apply to the ex-employees' claims.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: January 29, 2024, Case #: 2:22cv5410, NOS: Insurance - Contract, Categories: bankruptcy, Employment, Fraud
[Consolidated.] J. Wecht finds that the lower court properly confirmed certain modifications to a recovery plan that were proposed by the Act 47 receiver for Chester County, a financially distressed municipality. While the plan may limit some local officials’ authority, the Pennsylvania General Assembly has indicated that such plans are permissible in cases where “local officials are unwilling or unable to accept a solvency plan developed for the benefit of the municipality.” Affirmed.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: January 29, 2024, Case #: J-34A-2023, Categories: bankruptcy, Civil Procedure, Government
J. Fitzgerald reverses in part a dismissal order regarding a law firm which obtained attorney fee awards and subsequent costs related to appeals against an estate trustee for bringing meritless claims against the firm. The firm alleged that the trustee failed to demand that the debtor turn over rents collected on two properties. The bankruptcy court erred in finding that the firm's breach of fiduciary duty claim was time-barred but was correct in finding that the trustee had quasi-judicial immunity.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: January 29, 2024, Case #: 2:22cv4450, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy
J. D’Agostino dismisses the last remaining defendant from a consumer credit complaint that alleges a homeowner’s mortgage lender erroneously reported her mortgage as discharged after she filed for Chapter 7 bankruptcy even though she continued to make payments until the debt had been satisfied. While she successfully alleges she suffered an injury in that she has been unable to secure additional lines of credit due to the inaccurate information, the court finds her credit report is essentially accurate.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: January 24, 2024, Case #: 3:23cv147, NOS: Consumer Credit - Other Suits, Categories: bankruptcy, Debt Collection, Consumer Law
J. Land upholds the bankruptcy court's order denying the firm's motion for a new trial on the decision denying the firm's earlier motion to object to the confirmation of the client's Chapter 13 plan. The bankruptcy court correctly found that the client declared bankruptcy in good faith and properly rejected the firm's arguments that the client's failure to account for child support in her bankruptcy plan showed bad faith.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: January 24, 2024, Case #: 4:23cv119, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy
J. Kitchens finds the lower court improperly awarded funds to a school district. A county recovered funds from a business through bankruptcy proceedings, and the school district argued it was entitled to a portion of the funds. The lower court awarded the school district an amount equal to a shortfall it experienced in one relevant year, but the county argues the school district is not entitled to the funds. The instant court finds the school district is funded yearly via established accounts that hold sufficient funds to cover the school district’s budget regardless of the collection of taxes, with delinquent tax collection falling to the county for recovery. While the school district did experience a shortfall one year, the statutory procedure to recover the funds is for the school district to issue a promissory note to recover the funds from the county, which it chose not to do. The school district is not entitled to the recovered tax money. Reversed.
Court: Mississippi Supreme Court, Judge: Kitchens, Filed On: January 18, 2024, Case #: 2022-CA-00471-SCT, Categories: bankruptcy, Tax, Fiduciary Duty
J. Harris finds the lower court properly found that the debts at issue here are non-dischargeable. The debtor is not allowed to file for bankruptcy because his debt stems from a settlement agreement in which he is paying a woman he willfully physically assaulted. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: January 18, 2024, Case #: 22-1762, Categories: bankruptcy, Settlements, Assault
J. Lee finds that a bankruptcy appellate panel properly rendered a decision affirming a bankruptcy court order denying a chapter 7 debtor a homestead exemption for a Palm Springs property where she formerly lived with her partner. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: January 17, 2024, Case #: 22-60055, Categories: bankruptcy
J. Rosenbaum finds that the district court properly upheld the bankruptcy court's grant of the debtor's motion to revive an $893,000 judgment against the individual arising from an adversarial proceeding brought by the debtor for tortious interference with contract. The district court correctly found that the debtor did enough to satisfy Georgia's judgment-revival procedure despite failing to strictly follow traditional procedures or file a new judgment to seek revival. The debtor substantially complied with Georgia's scire facias statute by timely filing the revival motion and by mailing the motion and notice of a hearing to the individual at multiple addresses. Affirmed.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: January 12, 2024, Case #: 22-10819, Categories: bankruptcy, Enforcement Of Judgments
J. Clark finds that the lower court properly dismissed residential foreclosure claims as time-barred. The borrowers tolled the action for a time with the bankruptcy filing, but the original lender's voluntary discontinuance of the action did not de-accelerate the debt prior to the expiration of the six-year statute of limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: January 11, 2024, Case #: 535925, Categories: bankruptcy, Civil Procedure, Foreclosure
J. Vratil grants a postmaster general's motion to dismiss an employee's disability discrimination claims. The postmaster general sufficiently showed in court that the employee, who may suffer from post trauma, failed to disclose her claims in bankruptcy court.
Court: USDC Kansas, Judge: Vratil, Filed On: January 11, 2024, Case #: 5:23cv4053, NOS: Employment - Civil Rights, Categories: bankruptcy, Ada / Rehabilitation Act, Employment