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.

Goldberg v. Goodman (In re Goodman)

Citation: 
BAP Nos. 12-1643 and 13-1049 (9th Cir. BAP 2013)
Ruling: 
BAP affirmed bankruptcy court imposition of sanctions against debtor's former counsel, including award of attorney fees to debtor's new counsel of approximately $45,000; suspension from filing new bankruptcy cases for 6 months; and referrals to United States Attorney, Nevada Secretary ...
Judge(s): 
Krischer, Collins & Dunn
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C.L. Frates & Co v. Westchester Fire Insurance

Citation: 
C.L. Frates & Co v. Westchester Fire Ins., Case No. 12-6274, 2013 U.S. App. LEXIS 18340 (10th Cir. Sept. 4, 2013).
Ruling: 
The 10th Circuit found that a reasonable trier of fact could conclude that the plaintiff's insurance claim "arose out of" bankruptcy or insolvency, which was excluded from coverage, reversed the District Court's summary judgment ruling for the plaintiff, and remanded ...
Judge(s): 
Holmes, Bacharach, and Phillips
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U.S. Bank Trust N.A. v. AMR Corp. (In re AMR)

Citation: 
In re AMR Corp., No. 13-1204, 2013 WL 4840474 (3d Cir. Sept. 12, 2013).
Ruling: 
The panel for the Second Circuit denied U.S. Bank’s appeal from bankruptcy court decisions authorizing Debtors AMR and American Airlines to obtain postpetition financing and to repay certain prepetition notes held by U.S. Bank, and denied U.S. Bank’s request to ...
Judge(s): 
Livingston, Lynch, Lohier, Lane
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USA, IRS v. Lange (In re Netal, Inc.)

Citation: 
Internal Revenue Service v. Lange, Chapter 7 Trustee
Ruling: 
The BAP reversed the bankruptcy court's denial of the Internal Revenue Service's ("Government") motion for an evidentiary hearing on its Sec. 507(b) motion in the event the bankruptcy court found the existence of a factual question.
Judge(s): 
Kressel, Schermer, and Shodeen
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Peterson v. Ritchie Structure Multi-Manage

Citation: 
Case No 12-2463, 12-2464, 12-2493, 12-2494 and 12-2495 - Court of Appeals (7th Cir. - September 6, 2013)
Ruling: 
AFFIRMING the bankruptcy court's ruling in favor of defendants.
Judge(s): 
Easterbrook, Bauer and Sykes - Circuit Judges.
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