All summarized opinions

Fuchs & Associates, Inc. v. Lesso (In re Lesso)

Summarized by Jeremy Ficarola, University of Miami SOL Pro Bono Bankruptcy Clinic 4 days 5 hours ago
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Citation: 
BAP No. CC-12-1515 (9th Cir. BAP) (entered May 10, 2013)(Unpublished)
Ruling: 
Appellant law firm, Fuchs & Associates, Inc. ("FAAI"), has no standing to object or receive proceeds to Elke Lesso's ("Debtor") section 363(f) sale of real property "free and clear" because the Family Court held that FAAI was not a bona ...
Judge(s): 
Markell, Taylor, Montali (9th Cir. BAP)
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Bond Safeguard Insurance Co. v. Wells Fargo Bank, N.A.

Summarized by Jeremy Ficarola, University of Miami SOL Pro Bono Bankruptcy Clinic 21 weeks 17 hours ago
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Citation: 
Case No. 11-15478 (11th Cir. December 21, 2012)
Ruling: 
Bond holder sureties ("Sureties") of property developers ("Debtors") lacked standing to bring certain claims against Wells Fargo Bank and Key Bank ("Lenders") because their claims are general in nature and could also be brought by the Debtors. Thus, post-filing general ...
Judge(s): 
Marcus, Pryor, Friedman (District Judge for the District of Columbia, sitting by designation)
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Molasky v. Bustos (In re Molasky)

Summarized by Jeremy Ficarola, University of Miami SOL Pro Bono Bankruptcy Clinic 34 weeks 1 day ago
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Citation: 
Case No. 11-15060 (9th Cir. September 13, 2012) (Unpublished)
Ruling: 
The Ninth Circuit Court of Appeals held that an intervenor can proceed after dismissal of the original party if 1) there is an independent basis for jurisdiction, and 2) unnecessary delay would otherwise result. Moreover, the Bankruptcy Court failed to recognize ...
Judge(s): 
Noonan, Marguia, Timlin
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Parker v. Jacobs (In re Parker)

Summarized by Jeremy Ficarola, University of Miami SOL Pro Bono Bankruptcy Clinic 40 weeks 1 day ago
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Citation: 
Case No. 12-10599 (11th Cir. August 9, 2012)
Ruling: 
The Eleventh Circuit Court of Appeals Affirmed the bankruptcy court’s order permanently disbarring general practice attorney Darryl A. Parker ("Attorney") from bankruptcy practice in the Middle District of Alabama for repeated violations of Federal Rule of Bankruptcy Procedure 9011(b) and ...
Judge(s): 
Marcus, Martin, Black
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Benson v. JPMorgan Chase Bank, N.A.

Summarized by Jeremy Ficarola, University of Miami SOL Pro Bono Bankruptcy Clinic 1 year 8 weeks ago
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Citation: 
No. 10-17402, DC No. 3:09-cv-05272-MEJ & No. 10-17404, DC No. 3:09-cv-05560-MEJ (heard jointly)
Ruling: 
The Ninth Circuit Court of Appeals held that plaintiffs’ conclusory allegations regarding JPMorgan fell short of stating a claim for relief that is free from the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”) exhaustion requirements. Although the ...
Judge(s): 
LUCERO*, CALLAHAN, SMITH
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