cir 1 In Re Weaver, 08-8046 [Sep. 17, 2008]In a decision involving an attempted appeal from a decision under the BAPCPA, a petition for leave to appeal is denied and appeal is terminated where 1) without resolving the jurisdictional question the court exercised its discretion under section 158(d)(2)(A) to deny leave to appeal; and 2)...Read More
5th cir Kane v. Nat’l Union Fire Ins. Co., 07-30611 (Jul 14) A finding of summary judgment in a PI suit, as well as judicial estoppal of the plaintiffs/debtors due to their failure to list the suit in their Chapter 7 schedules, and denial of trustee’s motion to be substituted in the case as the...Read More
3rd cir Windt v. Qwest Communications, 06-4662, 06-4808 [June 10, 2008] In a lawsuit brought by bankruptcy trustees of a Dutch company asserting various claims against defendants who were allegedly responsible for the company’s insolvency, judgment dismissing trustee-plaintiff’s complaint on forum non-conveniens grounds is affirmed where the district court did not abuse its discretion in:...Read More
3rd cir In Re: Mansaray-Ruffin, No. 05-4790 [June 24, 2008] A debtor in a Chapter 13 bankruptcy case did not invalidate a lien on her property by providing for it as an unsecured claim in her confirmed plan, without initiating an adversary proceeding as required by the Federal Rules of Bankruptcy Procedure. 4th cir Tidewater...Read More
cir 1 In Re: Barroso-Herrans, 07-1757 [May 07, 2008] Bankruptcy court’s approval of settlement presented by trustee is affirmed where trustee’s reading of certain of debtors’ claimed exemptions as limited to a $4,000 share of proceeds from each of 2 underlying lawsuits was objectively reasonable. cir 9 In re: Slatkin, 06-56334 [May 06, 2008] Summary...Read More
4th cir Smith v. Jordan, 06-2154 Revocation of discharge affirmed in part. District court correctly determined that a Trustee seeking revocation of discharge under 727(a)(6)(A) must establish that debtor wilfully and intentionally refused to obey the court’s order, but incorrectly concluded that debtor’s failure to comply in this case was “willful” within the meaning of...Read More
2nd cir In re: Smith, No. 06-4450, 06-5323 Orders granting Chapter 7 trustee’s motion to remove special personal injury counsel and denying debtor’s motion to dismiss her bankruptcy action are vacated in part where the bankruptcy court exceeded the bounds of its allowable discretion in denying the debtor’s motion to dismiss. 5th cir In The...Read More
Staff writer Stephanie Potter points out in the Chicago Daily Law Bulletin (Vol. 153 Issue 91) that the First District Illinois Appellate Court in a recent decision held that once foreclosed property goes to a Sheriff’s Sale and changes hands the former owner(s) may no longer sell it, pay off the mortgage holder, and take...Read More
Gillespie v. TransUnion Corp., No. 06-2576 (3/16/07). Appeal, N.D. Ill., E. Div. Aff’d. Dist. Ct. did not err in granting defendant-consumer reporting agency’s motion for summary judgment in action alleging that defendant’s failure to reveal “purge date” when plaintiffs requested copies of their credit histories violated Fair Credit Reporting Act. Under sec. 1681g(a)(1) of that...Read More
Beler v. Blatt, Hasenmiller, Liebsker & Moore, LLC, No. 06-2707 (6/7/07). Appeal, C.D. Ill. Aff’d. Dist. Ct. did not err in granting defendant-law firm/debt collector’s motion for summary judgment in action alleging that certain allegations made by defendant in state lawsuit seeking collection of plaintiff’s debt were insufficiently clear so as to constitute violation of...Read More
