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.

Hillsman v. Escoto (In re Escoto)

Citation: 
In re Escoto, BAP No. NV-14-1358-KuDJu (9th Cir. B.A.P. May 15, 2015).
Ruling: 
A debtor’s concealment from a creditor of an event that triggers a creditor’s right to immediate payment of a loan constitutes an extension of credit under section 523(a)(2)(A). Not-for-publication memorandum.
Judge(s): 
Frank L. Kurtz, Randall L. Dunn, and Meredith A. Jury, Bankruptcy Judges.
Read on...

Halloum v. McCormick, Barstow, Sheppard, Wayte & Carruth LLP (In re Halloum)

Citation: 
9th Cir. BAP Case No. EC-14-1219-JuKuPa (May 19, 2015)
Ruling: 
Bankruptcy Court findings of fact were insufficient to support a disputed fee award where Debtor claimed that Counsel had agreed to flat fee of $40,000 for chapter 11 filing. Order awarding fees was vacated and case remanded to allow bankruptcy ...
Judge(s): 
Jury, Kurtz, and Pappas, Bankruptcy Judges
Read on...

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. General Motors

Citation: 
15a0361n.06
Ruling: 
Ruling against the United Auto Workers (UAW) and in favor of GM, the Sixth Circuit held the 2009 Retiree Settlement Agreement (2009 RSA) extinguished an obligation for New GM to pay $450 million under a 2009 Master Sale and Purchase ...
Judge(s): 
Boggs, Sutton and Stranch, Circuit Judges.
Read on...

1756 W. Lake St LLC v. American Chartered Bank and Scherston Real Estate Investments, LLC

Citation: 
1756 W. Lake Street LLC v. American Chartered Bank and Scherston Real Estate Investments, LLC, Court of Appeals, 7th Circuit (May 15, 2015)
Ruling: 
Value derived from several forbearance agreements and related concessions from a creditor satisfies the reasonable equivalence test in the face of an avoidance action brought by the debtor where the equity in the property is eaten up by the value ...
Judge(s): 
Posner, Sykes, Simon
Read on...

Kaler v. Slominski (In re Keeley and Grabanski Land Partnership)

Citation: 
2015 WL 2237147
Ruling: 
The bankruptcy court erred in calculating damages and offset under Section 550. The bankruptcy court incorrectly gave defendant an offset for costs of improvements after finding that he did not increase the value of the property. Section 550(e) states that ...
Judge(s): 
Federman, Nail, and Shodeen
Read on...
Syndicate content