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

Goddard v. Heldt (In re Heldt)

Summarized by Brendan Gage, U.S. Bankruptcy Court, Eastern & Western Districts of Arkansas 7 hours 7 min ago
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Citation: 
No. 12-6027 (10th Cir. May 14, 2013)
Ruling: 
Affirming the judgment of the bankruptcy court (“BC”), the Tenth Circuit held that a trustee was disqualified from exercising the powers of a hypothetical bona fide purchaser (“BFP”) under § 544(a)(3) to avoid a resulting trust in favor of the ...
Judge(s): 
Lucero, Anderson, and Baldock, Circuit Judges.
Read on...

Bank of Cordell v. Sturgeon (In re Sturgeon)

Summarized by Steven T. Mulligan, Bieging Shapiro & Barber LLP 1 day 7 hours ago
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Citation: 
Case No. WO-12-043 (B.A.P. 10th Cir. May 14, 2013) (published)
Ruling: 
False representations are express misrepresentations while false pretenses includes conduct and material omissions and is defined as any series of events, when considered collectively, that create a contrived and misleading understanding of a transaction, in which a creditor is wrongfully ...
Judge(s): 
Nugent, Romero, Jacobvitz
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Sharma v. Salcido (In re Sharma)

Summarized by Joel Newell, Lane & Nach, P.C. 1 day 12 hours ago
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Citation: 
BAP Nos. CC-12-1302 and CC-12-1520 (entered May 14, 2013) (Unpublished)
Ruling: 
Bankruptcy Court did not commit reversible error when determining the issue of liability under 11 U.S.C. Sec. 523(a)(2)(A) without a hearing since the Court found sufficient evidence in Complaint's allegations to support determination of liability. BAP further affirmed the ...
Judge(s): 
Markell, Taylor, Montali (9th Cir. BAP)
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Grossman v. The Belridge Group (In re Lothian Oil, Inc.)

Summarized by Omid Moezzi, Nancy Curry Chapter 13 Trustee 3 days 6 hours ago
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Citation: 
5th Cir. Court of Appeal - Case No 1151073 (May 8, 2013)
Ruling: 
AFFIRMED in part and reverse in part the district court's decision. Further, a remand with instruction to clarify whether an isolated claim in the earlier state-court action can proceed. Additionally, the court found that the bankruptcy court did not err ...
Judge(s): 
King, Higginbotham, and Clement.
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Soto v. Doral Bank (In re Soto)

Summarized by Samuel Ari Mushell, Americans United for Government Reform 3 days 12 hours ago
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Citation: 
BAP NO. PR 12-075
Ruling: 
The Bankruptcy Appellate Panel for the First Circuit ("B.A.P.") affirmed the Bankruptcy Court of Puerto Rico's decision to dismiss the debtors' Chapter 13 petition because the debtors did not comply with 521(a) of the code. 521(a) requires debtors to submit ...
Judge(s): 
Haines, Feeney, Hoffman
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