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

Gallagher v. Dockery (In re Gallagher)

Citation: 
Gallagher v. Dockery (In re Gallagher), Case No. CC-13-1368-TaKuPa (9th Cir. B.A.P., March 17, 2014) (unpublished)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel reversed the order of the bankruptcy court granting the Chapter 13 trustee's request for return of refunded plan payments made to debtors after debtors' case was converted to Chapter 7.
Judge(s): 
Taylor, Pappas, and Kurtz
Read on...

Wu v. Markosian (In re Markosian)

Citation: 
9th Cir. BAP No. NC-13-1339-JuKiD
Ruling: 
In the published opinion, the 9th Circuit BAP affirmed the bankruptcy court decision, the bonus was not property of the re-converted Chapter 7 estate. The BAP determined that 11 U.S.C. Sec. 1115 does not apply upon conversion from Chapter ...
Judge(s): 
JURY, KIRSCHER, and DUNN
Read on...

Saracino v. Northpark East Assoc. (In re Saracino)

Citation: 
Saracino v. Northpark East Assoc. (In re Saracino), BAP No. CO-13-031 (10th Cir. BAP March 14, 2014)
Ruling: 
The bankruptcy appellate panel affirmed a decision dismissing the debtor's motion for contempt, finding insufficient evidence of any willful violations of the automatic stay.
Judge(s): 
Michael, Nugent, and Somers
Read on...

Brosio v. Deutsche Bank National Trust Company (In re Brosio)

Citation: 
Brosio v. Deutsche Bank National Trust Company (In re Brosio), BAP No. NC-13-1119-KiDJu (B.A.P. 9th Cir. Mar. 7, 2014)
Ruling: 
Affirming the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in determining that debtor was not the "prevailing party" within the meaning of Cal. Civ. Code § 1717 and that ...
Judge(s): 
KIRSCHER, DUNN, and JURY
Read on...

Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).

Citation: 
Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).
Ruling: 
Appellate Panel of 10th Circuit holds that secured creditor is "adequately protected" under Section 363(e) when the value of property securing creditor's claim exceeds the creditor's claim by a reasonable margin. Court held that when a creditor is not ...
Judge(s): 
Judge Michael, Judge Jacobvitz, and Judge Marker
Read on...
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