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Fernandez v. Havana Gardens, LLC

Citation: 
11th Circuit Court of Appeals Case Number 13-10681 (will not be published).
Ruling: 
The 11th Circuit Court of Appeals affirmed a decision of the United States District Court for the Southern District of Florida.
Judge(s): 
Tjoflat, Pryor and Edmondson
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Adelphia Recovery Trust v. Goldman

Citation: 
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling: 
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the debtors in bankruptcy court treated the cash management system as property ...
Judge(s): 
Winter, Walker, Cabranes
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Collins v. Ebert, et al (In re: Maranatha Construction Co.)

Citation: 
Collins v. Ebert, et al (In re: Maranatha Construction Co.), No. 13-11027 (5th Cir. April 2014).
Ruling: 
The Fifth Circuit, in an unpublished opinion, affirmed the district court’s decision finding veil-piercing claims to be property of the Estate under 11 U.S.C. § 541(a)(1) and properly pursued by the bankruptcy trustee where the appellant creditors alleged only the ...
Judge(s): 
Jerry E. Smith; Fortunato P. Benavides; and Edith Brown Clement
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Borm v. CitiMortgage, Inc. (In re Borm)

Citation: 
CitiMortgage, Inc. v. Borm (In re Borm), Case No. 13-6065 (B.A.P. 8th Cir. Apr. 2, 2014)
Ruling: 
Bankruptcy court abused its discretion in denying mortgage creditor's request for relief from automatic stay when debtors missed significant number of post-petition mortgage payments contrary to debtors' chapter 13 plan.
Judge(s): 
Federman, Schermer, and Nail
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Palladino v. E&B Natural Resources Management Corp. (In re South Coast Oil Corp.)

Citation: 
Palladino v. E&B Natural Resources Management Corp. (In re South Coast Oil Corporation), No. 12-56403 (9th Cir. Mar. 2014)
Ruling: 
The Ninth Circuit, in a not for publication decision, denied the appellant's appeal of the district court's dismissal of his appeal of the bankruptcy court's order authorizing the Chapter 11 trustee to sell the debtor's interest in stock of a ...
Judge(s): 
Paez, Nguyen, Motz
Read on...
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