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Flanders v. Lawrence (In re Flanders)

Citation: 
Flanders v. Lawrence, et al. (In re Flanders), Case No. CO-14-055 (10th Cir. BAP August 5, 2015). Unpublished.
Ruling: 
While the Rooker-Feldman doctrine did not prevent the bankruptcy court from exercising jurisdiction over debtor’s claim against the defendants’ for violation of the discharge injunction since it is an independent cause of action, the principles of issue preclusion did since ...
Judge(s): 
Michael, Karlin, Hall (Michael)
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Pryor v. RW Investment Co., Inc. (In re Pryor)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1526-KiBrD (August 3, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Debtor's motion. There is a high burden on a party seeking relief from a judgment based on fraud on the court. The Debtor did ...
Judge(s): 
KIRSCHER, BRANDT2 and DUNN, Bankruptcy Judges
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Needler v. Casamatta (In re Miller Automotive Group, Inc.)

Citation: 
Needler v. Casamatta (In re Miller Automotive Group, Inc.), Case No. 14-6047 (8th Cir. B.A.P. August 12, 2015)
Ruling: 
Section 350 clearly provides statutory authority to reopen a closed case and there is no requirement that a bankruptcy court must expressly retain jurisdiction when dismissing a case in order to reopen it at a later time. Based upon ...
Judge(s): 
Schermer, Saladino and Shodden (Bankruptcy Judges)
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Richer v. Morehead

Citation: 
7th Cir. No. 14-2618 (Aug. 11, 2015)
Ruling: 
The 7th Circuit affirmed the District Court (N.D. Ill.), finding that the creditor (Morehead) converted his participation interest in commercial real estate owned by a trust controlled by one of the debtors (Richer) to a demand note in a timely ...
Judge(s): 
Posner, Kanne, and Hamilton, Circuit Judges
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Netsphere Inc. v. Baron

Citation: 
No. 13-10119 (5th Cir. Aug. 14, 2015)
Ruling: 
A district court's award of fees to a receiver before the entry of a final judgment is not reviewable on appeal under 28 U.S.C 1292(a)(2) or the collateral order doctrine. Appeal dismissed for want of jurisdiction.
Judge(s): 
Higginbotham, Jolly, Davis
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