82 results for 'nos:"Bankruptcy Appeal 28 USC 158 - Bankruptcy"'.
J. Boardman denies the Trustee of the bankruptcy estate’s motion to dismiss this bankruptcy appeal. The court dismisses a compensation order for lack of jurisdiction, vacates the bankruptcy court’s denial of motion to dismiss, and remands the case back to the bankruptcy court for further proceedings. The bankruptcy court abused its discretion in denying the consumer’s motion to dismiss.
Court: USDC Maryland, Judge: Boardman, Filed On: April 15, 2024, Case #: 8:23cv3135, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure, Jurisdiction
J. Dick affirms a bankruptcy court ruling a “mom and pop” repair company proved its exception to the Chapter 13 protection of a homeowner, who converted a final payment of insurance proceeds for flood damage to his own use, causing substantial damage to the contractor. The contractor testified he was forced into personal debt from neck surgery after the homeowner failed to pay him. The homeowner “knowingly breached his clear contractual obligation to pay” the contractor when he kept the final check. Affirmed.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 28, 2024, Case #: 3:23cv625, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Construction, Damages
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J. Hanks denies an appeal of a bankruptcy court order that denied, a property owner reconsideration in reopening a bankruptcy case related to the foreclosure of a home. The bankruptcy court dismissed the case because council for the property owner failed to appear at a hearing. The failure to appear, as well as abusive communication and a pattern of ignoring the court’s valid rejections, suggests an intentional delay that warrants dismissal with prejudice.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:23cv2674, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure
J. Mazzant affirms the judgment of the bankruptcy court in favor of co-trustees seeking to recover on a $3.2 million debt owed for violations of securities laws stemming from allegations the decedent's investments in a company were fraudulently procured. The debt was nondischargeable under the Bankruptcy Code since it resulted from a state court judgment for "violations of securities laws or fraud in connection with the sale or purchase of securities."
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 28, 2024, Case #: 4:23cv109, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Securities
J. Flanagan denies a couple’s motion for certification of direct appeal to the U.S. Court of Appeals on a bankruptcy case. The couple also petitioned the bankruptcy court after previously filing for Chapter 13 bankruptcy to incur debt and finance the purchase of a house so that they could live close to their child’s private school. The bankruptcy court denied this petition as the couple is not allowed to incur more than $10,000 while in bankruptcy. Also, the couple has not shown sufficient evidence that they are qualified for certification for a direct appeal to the court of appeals.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 27, 2024, Case #: 5:23cv373, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Real Estate
J. Noreika denies an appeal from a bankruptcy opinion concerning a credit company's refusal to advance funds to a landscaping company under a "lockbox" line of credit because the credit company had sole discretion to advance funds to the landscaping company, which was required to perform obligations under the credit agreement. Since the credit agreement had not been breached, breach of contract had not occurred, which is predicate to a separate cause of action for breach of the implied duty of good faith and fair dealing.
Court: USDC Delaware, Judge: Noreika, Filed On: March 25, 2024, Case #: 1:23cv620, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Contract
J. Du finds the bankruptcy court improperly granted a reinsurer's motion for partial summary judgment, denying the debtor discharge from bankruptcy. The court made an adverse credibility determination and overlooked a genuine dispute of material fact in ruling the debtor fraudulently omitted information involving several LLCs from his bankruptcy schedules.
Court: USDC Nevada, Judge: Du, Filed On: March 14, 2024, Case #: 2:23cv688, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Fraud
J. Eskridge upholds the bankruptcy court's enforcement of a confirmation order finding the sole shareholder of a debtor set of entities lacked standing to pursue state law claims for gross negligence and willful misconduct. His claims were derivative of the entities, not direct, and, therefore, they were not his to pursue.
Court: USDC Southern District of Texas, Judge: Eskridge, Filed On: February 22, 2024, Case #: 4:21cv456, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure
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
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. 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. 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. 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