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

Willess v. US

Citation: 
Willess v. United States of America, Case No. 13-6159 (10th Cir. March 26, 2014) (unpublished)
Ruling: 
Appellant lacked standing to appeal dismissal of lower court action because his personal injury claim became property of the bankruptcy estate when he filed for chapter 7 bankruptcy protection and the trustee was the proper party to prosecute such claim.
Judge(s): 
Tymkovich, Anderson, Bacharach
Read on...

Kelly v. Merrill (In re Merrill)

Citation: 
BAP Case No. CC-13-1370-KuPaTa
Ruling: 
Affirmed a bankruptcy court's ruling that a lender's reliance on a guarantor's misrepresentations in a loan application was not reasonable. Also affirmed on an alternative ground that the lender did not "actually rely" on the guarantor's application in making ...
Judge(s): 
Ninth Circuit BAP Panel: Kurtz, Pappas and Taylor.
Bankruptcy Judge: Zive
Not worthy of a summary? Why?: 
Unpublished decision
Read on...

Kraus Anderson Capital, Inc. v. Bradley (In re Bradley)

Citation: 
___F3d. ___(6th Cir. 2013); Case No. 13-8010 (March 26, 2014)
Ruling: 
The Bankruptcy Appellate Panel (BAP) reverses the bankruptcy court's decision that the debt owed to the lender is dischargeable and remands for determination regarding the amount of damages. The BAP affirmed the bankruptcy court's conclusion that the elements of ...
Judge(s): 
GEORGE W. EMERSON, Jr., Bankruptcy Appellate Panel Judge [Opinion]
GUY R. HUMPHREY, Bankruptcy Appellate Panel Judge
C. KATHRYN PRESTON, Bankruptcy Appellate Panel Judge
Read on...

Menotte v. US (In re Custom Contractors, LLC)

Citation: 
2014 WL 1226852
Ruling: 
The Eleventh Circuit held that the Internal Revenue Service was not liable as an "initial transferree" under 11 U.S.C. § 550(a)(1) as to pre-paid taxes that were otherwise avoidable by the trustee, extending its "mere conduit" jurisprudence. The avoidance rules of ...
Judge(s): 
Chief Judge Carnes, Judges Wilson and Fay.
Read on...

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.), No. 12-3899 & No. 12-4011 (8th Cir. March 20, 2014)
Ruling: 
The Eighth Circuit affirmed the BAP's allowance of new value as a preference offset, but reduced the amount of preference liability based on an incorrect calculation by the BAP. In an issue of first impression, the Eighth Circuit ruled that in ...
Judge(s): 
Loken, Gruender, and Shepherd
Read on...
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