About "Volo"

Volo is a Latin word for speed, more rapidly. 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 editors from around the country will summarize new appellate opinions, posted here at the Volo website. The summary includes the full text of the opinion. ABI Members can also subscribe to an RSS feed to receive summaries as soon as they are posted. Opinions will be summarized within 24 hours.

Volo editor: Scott F. Gautier
Peitzman Weg LLP; Los Angeles, CA

Provided by the American Bankruptcy Institute

Aftandilian v. Prestige Management Group, LLC

Citation: 
Slip Copy, 2014 WL 1244789 (9th Cir.BAP (Cal.) (not appropriate for publication)
Ruling: 
The Bankruptcy Appellate Panel first found that though Creditor had taken various steps in reliance of the completed nonjudicial sale, the appeal was not moot. The BAP also concluded that the Bankruptcy Court did not err in denying the ...
Judge(s): 
Kurtz, Pappas, Tayor
Read on...

Santiago-Monteverde v. Pereira (In re Santiago-Monteverde)

Citation: 
Santiago-Monteverde v. Pereira (In re Santiago-Monteverde), No. 12-4131 (2d Cir. Mar. 31, 2014)
Ruling: 
The United States Court of Appeals for the Second Circuit (“Second Circuit”) certified to the New York Court of Appeals the question: “may a rent-stabilized tenant prevent the assumption and assignment of his or her lease by claiming that the ...
Judge(s): 
Sack, Parker Raggi
Read on...

Gaskin v. Barstow (In re Dockweiler)

Citation: 
9th Cir. (B.A.P) Case no Ak-13-1157 - Filed March 28, 2014
Ruling: 
DISMISSAL due to lack of jurisdiction rendering the appeal as MOOT.
Judge(s): 
Jury, Kurtz, and Pappas.
Read on...

Pliler v. Stearns (In re Pliler)

Citation: 
Pliler v. Stearns (In re Pliler), Case No. 13-1445 (4th Cir. Mar. 28, 2014)
Ruling: 
In a published opinion, the Fourth Circuit affirmed the bankruptcy court holding that above-median debtors are obligated to maintain chapter 13 plans for 5 years where unsecured creditors are not paid in full, even if the debtors have negative disposable ...
Judge(s): 
Duncan, Wynn, and Thacker (Opinion written by Wynn)
Read on...

Heatherwood Holdings, LLC v. HGC, Inc. (In re Heatherwood Holdings, LLC)

Citation: 
No. 12-16020 (11th Cir. Mar. 27, 2014)
Ruling: 
First, the defendant-mortgagee was a "person aggrieved" and therefore possessed Article III standing to appeal district court's affirmance of bankruptcy court's ruling that the mortgagee's property was restricted to use as a gof course. Second, the bankruptcy court correctly held ...
Judge(s): 
Chief Judge Carnes, Circuit Judge Tjoflat and U.S. District Judge Marra (Southern District of Florida)
Read on...
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