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

Nielsen v. ACS, Inc. (In re Nielsen)

Citation: 
No. 12-2925 (8th Cir. Apr. 25, 2013) (per curiam)
Ruling: 
Affirming the Bankruptcy Appellate Panel (the “BAP”), the Eighth Circuit Court of Appeals held that the bankruptcy court (the “BC”) did not clearly err in finding that the debtor failed to establish that his student loan debt was dischargeable based ...
Judge(s): 
Loken, Melloy, and Benton, Circuit Judges.
Read on...

The Municipality of Carolina v. Gonzalez (In re Gonzalez)

Citation: 
Bankruptcy Appellate Panel for the First Circuit, No. 10-10029-BKT (April 12, 2013)A
Ruling: 
Concluding that no legally cognizable grounds for reconsideration were established, the Court affirmed the bankruptcy court's denial of a Rule 60(b) motion, seeking to recognize a late-filed claim. The Court held that under Code sec. 502(b)(9) a claim must ...
Judge(s): 
Haines, Feeney and Hoffman
Read on...

Pineda v. Bank of America, N.A. (In re Pineda)

Citation: 
BAP No. EC-11-1719-MkDJu (B.A.P. 9th Cir., April 23, 2013)
Ruling: 
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeal ("9th Cir. BAP") affirmed the Bankruptcy Court order abstaining from exercising jurisdiction over a Chapter 7 debtor's ("Debtor") adversary proceeding, which was commenced after the Chapter 7 trustee ("Trustee") ...
Judge(s): 
Bankruptcy Judges Markell, Dunn and Jury
Read on...

In re Rodriguez

Citation: 
In re Rodriguez, No. 12-2146 (3d Cir. April 22, 2013) (not precedential)
Ruling: 
Because a chapter 13 plan confirmation order may be revoked only if such order was procured by fraud, the absence of such fraud prevents the court from reconsidering the plan confirmation order under Rule 60(b) of the Federal Rules of ...
Judge(s): 
Jordan, Aldisert, and Nygaard, Circuit Judges.
Read on...

USACM Liquidating Trust v. Deloitte & Touche

Citation: 
D.C. No. 2:08-cc-00461-PMP-PAL (Not for Publication)
Ruling: 
The United States Court of Appeals for the Ninth Circuit (the “Court”) affirmed the District Court’s summary judgment in favor of defendant Deloitte & Touche, LLP (“Deloitte”). The Court held that the District Court properly applied the sole actor ...
Judge(s): 
Wallace and Ikuta, Circuit Judges, and Garbis, Senior District Judge
Read on...
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