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TC Healthcare I, LLC v. Dupuis (In re Haven Eldercare, LLC)

Citation: 
TC Healthcare I, LLC v. Dupuis (In re Haven Eldercare, LLC), Case No. 12-468-bk (2d Cir. Nov. 15, 2012) (summary order) [Not Precedential]
Ruling: 
The Circuit Court AFFIRMED the District Court judgment barring, as res judicata, the motion of the Appellant, a Section 363 purchaser of the Debtor's assets, seeking an order declaring that Appellant is not liable to the Appellee, the counterparty to ...
Judge(s): 
Barrington D. Parker, Reena Raggi, and Gerard Lynch.
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Meyer v. Scholz (In re Scholz)

Citation: 
Meyer v. Scholz (In re Scholz), Case No. 11-60023 (9th Cir. November 15, 2012)
Ruling: 
An "anti-anticipation" clause does not preclude inclusion of annuity income in a Chapter 13 debtor's projected disposable income.
Judge(s): 
Consuelo M. Callahan and Paul J. Watford, Circuit Judges, and James K. Singelton, Senior District Judge.
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Compton v. Anderson (In re MPF Holdings US LLC)

Citation: 
Compton v. Anderson (In re MPF Holdings US LLC), No. 11-20478 (5th Cir. Nov. 14, 2012)
Ruling: 
Vacating the Bankruptcy Court, the Fifth Circuit held that a reservation of jurisdiction clause of the plan of reorganization was sufficiently specific and unequivocal because the plan stated the basis of recovery and referenced Exhibits to the debtor’s statement of ...
Judge(s): 
Stewart, DeMoss, Graves
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Meyer v. U.S. Trustee (In re Scholz)

Citation: 
Ninth Circuit
Ruling: 
In short, In re Scholz stands for the proposition that annuity income received by a former railroad employee under the Railroad Retirement Act ("RRA") "must be included when calculating [a debtor's] projected disposable income . . . ." To ...
Judge(s): 
Bankruptcy Judge Lee presided over the bankruptcy proceedings. The Bankruptcy Court opinion is found at 427 B.R. 864. Judges Markell, Zive, and Jury presided over the BAP appeal. The BAP opinion, authored by Judge Markell, is found at 447 B.R. 887. Ninth Circuit Judges Callahan and Watford, along with District Court Judge Singleton (sitting by designation) sat on the Ninth Circuit Panel. Judge Watford authored the Ninth Circuit's published opinion.
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Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.)

Citation: 
Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.), Case No. 12-6043 (BAP 8th Cir. November 14, 2012)
Ruling: 
Where the debtor acted as a payment intermediary between a utility and a customer and the contract between the debtor and customer required the debtor to remit funds to the utility, the contract created a trust obligation in favor of ...
Judge(s): 
FEDERMAN, VENTERS and SALADINO
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