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

Staker v. Jubber (In re D. Staker)

Citation: 
Staker v. Jubber (In re D. Staker) (10th Circuit Court of Appeals 12-4209 &12-4210 (2013))
Ruling: 
In an objection to a claim filed pursuant to FRBP 3007, the objecting party is prohibited from requesting the court determine the validity, priority, or extent of lien or other interest in property in their demand for relief. The objecting ...
Judge(s): 
John C. Porfilio Senior Circuit Judge; Judge Kelly & Judge Holmes
Read on...

Winterton v. Blue Pine Group, Inc. (In re Blue Pine Group, Inc.)

Citation: 
No. 11-60059 (9th Cir., May 7, 2013) (not for publication; not precedent)
Ruling: 
Affirms imposition of sanctions by the bankruptcy court upon Appellant, but reducing the amount to reflect culpability of Appellant.
Judge(s): 
Fletcher, Gould, and Christen.
Read on...

Gentile v. DeGiacomo (In re Gentile)

Citation: 
Gentile v. DeGiacomo (In re Gentile), BAP No. MB 12-071 (1st Cir. BAP, May 20, 2013)
Ruling: 
By 2-1 decision, the Panel dismissed the debtors’ appeal of a bankruptcy court order granting the chapter 7 trustee’s motion to sell real estate fully-encumbered by a disputed lien for lack of appellate standing. The majority concluded the debtors ...
Judge(s): 
Lamoutte (dissenting), Kornreich (writing for the majority), and Cabán
Read on...

Wilson v. Dollar General Corp.

Citation: 
Wilson v. Dollar General et al., Case No.12-1573 (4th Cir. May 17, 2013)
Ruling: 
AFFIRMING the District Court, the 4th Circuit Court of Appeals upheld the District Court’s granting of summary judgment in favor of Dollar General. The Court first held that a Chapter 13 Debtor has standing to bring causes of action ...
Judge(s): 
Circuit Judges Thacker, Niemeyer and Agee
Read on...

Peoples National Bank, N.A. v. Banterra Bank

Citation: 
Case No. 12-3079 (7th Cir. May 20, 2013)
Ruling: 
A cross-collateralization clause in first priority mortgage put second priority mortgagee on inquiry notice of debt in excess of promissory note specified in first mortgage. Therefore, first mortgage holder entitled to sales proceeds of real property securing both mortgages ...
Judge(s): 
Kanne, Williams and Zagel (by designation from the Northern District of Illinois).
Read on...
Syndicate content