About "Volo"

Volo is a Latin word for speed, more rapidly. The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of editors from around the country will summarize new appellate opinions, posted here at the Volo website. The summary includes the full text of the opinion. ABI Members can also subscribe to an RSS feed to receive summaries as soon as they are posted. Opinions will be summarized within 24 hours.

Volo editor: Scott F. Gautier
Peitzman Weg LLP; Los Angeles, CA

Provided by the American Bankruptcy Institute

Senior Transeastern Lenders v. Official Committee of Unsecured Creditors (In re Tousa, Inc.)

Citation: 
Case No. 11-11071 (11th Cir. May 15, 2012)
Ruling: 
The Eleventh Circuit REVERSED the order of the district court, AFFIRMED the liability findings of the bankruptcy court, and REMANDED to the district court for further proceedings consistent with its opinion. Specifically, the Eleventh Circuit held that the bankruptcy ...
Judge(s): 
TJOFLAT, PRYOR and FAY, Circuit Judges.
Read on...

Smyth v. Edamerica, Inc. (In re Smyth)

Citation: 
20012 FED App. 0005P (6th Cir.)
Ruling: 
The Bankruptcy Appellate Panel for the Sixth Circuit upheld the decision of the bankruptcy court denying a Debtor's motion to reopen her bankruptcy case. Debtor requested the case to be reopened in order for her to pursue an alleged ...
Judge(s): 
Bankruptcy Appellate Panel, Judges Fulton, McIvor, and Shea-Stonum.
Read on...

In re Heritage Highgate, Inc.

Citation: 
In re Heritage Highgate, Inc. and Heritage Twin Ponds, L.P., Debtors, Case No. 11-1889, ---F.3d ---- (3d Cir. May 14, 2012)(slip opinion) (Rendell, J.)
Ruling: 
First, real estate is to be valued under Section 506(a) at fair market replacement value as of the date of Chapter 11 Plan confirmation. Second, lien-stripping is allowed in a Chapter 11 reorganization even though lien-stripping would not be allowed ...
Judge(s): 
Rendell, Fisher, and Chagares, Circuit Judges.
Read on...

Redondo Construction Corp. v. Puerto Rico Highway and Transportation Authority (In re Redondo Construction Corp.)

Citation: 
Redondo Constr. Corp. v. Puerto Rico Highway & Transp. Auth. (In re Redondo Constr. Corp.), No. 11-1614 (1st Cir. May 11, 2012)
Ruling: 
The First Circuit affirmed in part and remanded in part the decision of the Bankruptcy Court, which was affirmed by the District Court (D. P.R.). On appeal, the Puerto Rico Highway & Transportation Authority (“Authority”) set forth four issues ...
Judge(s): 
Selya, Lipez, Lynch, C.J
Read on...

First Yorkshire Holdings, Inc. v. Pacifica L 22, LLC (In re First Yorkshire Holdings, Inc.)

Citation: 
BAP No. CC-11-1144-KiMkH (9th Cir. May 10, 2012)
Ruling: 
Vacated and remanded the bankruptcy court's order granting a Stay Relief Order under § 362(d)(2) and granting relief under § 362(d)(4). Finding the bankruptcy court abused its discretion by failing to make any findings on the equity and value of ...
Judge(s): 
KIRSCHER, MARKELL, and HOLLOWELL
Read on...
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