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 member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

Official Committee of Unsecured Creditors v. Baldwin

Citation: 
Official Comm. of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), Case No. 13-2707 (3d Cir. Feb. 23, 2015)
Ruling: 
Petition for rehearing by the merits panel and the Third Circuit Court of Appeals, en banc, is denied. In a separate opinion concurring in the denial of the petition for rehearing, four Circuit Judges (Jordan, joined by Rendell, Ambro ...
Judge(s): 
McKee, Chief Judge; Rendell; Ambro; Fuentes; Smith; Fisher; Chagares; Jordan; Hardiman; Greenaway, Jr.; Vanaskie; Shwartz and Krause; Jordan (concurring, joined by Rendell, Ambro and Krause)
Read on...

Wellness Wireless, Inc. v. Infopia America, L.L.C.

Citation: 
Fifth Circuit No. 14-20024
Ruling: 
Civil action originally filed in district court was dismissed by the district court due to lack of subject matter jurisdiction because "the bankruptcy court's jurisdiction is implicated pursuant to 28 U.S.C. Sec. 1334." The Fifth Circuit reversed. Under 28 U.S.C. ...
Judge(s): 
Reavley, Jones and Elrod
Read on...

Goldstein v. Stahl (In re Goldstein)

Citation: 
9th Cir. BAP Case No. CC-14-1346-TaDPa (March 3, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel determined, as a matter of law, that the claims commenced post-petition accrued pre-petition; therefore, the claims were property of the estate. The TPP claims involved the interpretation of the legal significance of facts ...
Judge(s): 
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
Read on...

Metrou v. M.A. Mortenson Co. and Schuff Steel Co.

Citation: 
Metrou v. M.A. Morteson Co., No. 14-8030, --- WL --- (7th Cir. Mar. 23, 2015)
Ruling: 
In a matter of first impression at the appellate level and reversing the decision below, the Seventh Circuit declined to utilize judicial estoppel to cap a Chapter 7 trustee's potential recovery in an action at an amount equal to that ...
Judge(s): 
Easterbrook, Flaum, Williams
Read on...

Bowman v. Casamatta (In re: Bowman)

Citation: 
Bowman v. Casamatta (In re Bowman), No. 14-6034 (BAP 8th Cir. Mar. 18, 2015)
Ruling: 
BAP affirmed bankruptcy court's denial of motion to reopen chapter 11 case. Original case had been dismissed for cause nearly a decade prior before any plan was confirmed. BAP ruled that 11 USC 350(b) did not authorize reopening case that ...
Judge(s): 
Kressel, Schermer, Nail
Read on...
Syndicate content