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Paul v. Allred (In re Paul)

Citation: 
No. 12-6068 (BAP 8th Cir., February 28, 2012)
Ruling: 
The BAP affirmed the order of the bankruptcy court concluding that the debtor had abandoned the subject property as his homestead and, therefore, was not permitted to claim a homstead exemption in it.
Judge(s): 
Federman, Kressel, and Schermer
Read on...

Marciano v. Chapnick (In re Marciano)

Citation: 
No. 11-60070 (9th Cir. February 27, 2013)
Ruling: 
The court held that (1) Debtor's motion to dismiss for improper service was properly denied, and (2) although on appeal, an unstayed judgment of a state court constitutes a claim against the debtor that is not contingent as to liability ...
Judge(s): 
Kirscher, Markell, and Dunn.
Read on...

Avenue CLO Fund Ltd. v. Bank of America, N.A.

Citation: 
Avenue CLO Fund Ltd. v. Bank of America, N.A., Case No. 11-10468 (11th Cir. Feb. 20, 2013)
Ruling: 
Affirming the district court's rulings, the 11th Circuit concluded that (A) the plaintiff Term Lenders lacked standing to enforce the defendant Revolving Lenders' promise to lend to Borrowers under Credit Agreement; and (B) summary judgment on the issue of whether ...
Judge(s): 
Tjoflat, Martin and Bucklew (sitting by designation)
Read on...

Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at Camp Bowie I, L.P.)

Citation: 
No. 12-10271 (5th Cir. February 26, 2013).
Ruling: 
Joining with the Ninth Circuit’s conclusion in Matter of L&J Anaheim Associates, 995 F.2d 940 (9th Cir. 1993), the Fifth Circuit held that the Bankruptcy Code does not distinguish between discretionary (i.e., “artificial”) and economically driven impairment, and therefore a ...
Judge(s): 
Higginbotham, Clement, and Haynes.
Read on...

Kruse v. Securities Investor Protection Corp. (In re Bernard L. Madoff Investment Securities LLC)

Citation: 
Case No. 12-410 (2d Cir. Feb. 22, 2013)
Ruling: 
Court of Appeals for the Second Circuit affirmed the District Court’s judgment affirming the Bankruptcy Court’s order granting the SIPC Trustee’s motion for an order upholding his denial of the claims of certain claimants that invested directly or indirectly in ...
Judge(s): 
Leval, Raggi, and Livington, Circuit Judges
Read on...
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