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

Smyth v. Simeon Land Development, L.L.C. (In re Escarent Entities, L.P.)

Summarized by Lyndel Anne Mason, Cavazos, Hendricks, Poirot & Smitham, PC 4 weeks 2 days ago
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Citation: 
In the Matter of Escarent Entities, LP/ Smyth v Simeon Land Development, LLC et.al., Case No. 12-50297 (5th Cir. 2013)UNPUBLISHED
Ruling: 
Following In re Gilchrist, 891 F. 2d 559, 560, the Circuit Court affirmed the District Court's holding that the appeal of a sale order of the Bankruptcy Court was moot as Appellant had not obtained a stay order pending appeal, ...
Judge(s): 
DeMoss, Owen and Haynes. Judge Haynes concurred in the judgment only.
Read on...

Wooley v. Haynes & Boone, L.L.P. (In re SI Restructuring Inc.)

Summarized by John Jones, JRJONESLAW PLLC 4 weeks 2 days ago
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Citation: 
Case No. 11-51106 (5th Cir. April 18, 2013)
Ruling: 
AFFIRMED bankruptcy's court's denial of a creditor's motion to pursue post-confirmation causes of action on behalf of reorganized Debtor due to a lack of standing to sue and rejected blanket reservation in plan of "any and all claims" because the ...
Judge(s): 
Wiener, Clement, and Prado, Circuit Judges
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Roth v. Educational Credit Management Corp. (In re Roth)

Summarized by Joel Newell, Lane & Nach, P.C. 4 weeks 4 days ago
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Citation: 
9th Cir. BAP Case No. AZ-11-1233RnPaKi; Adv. No. 2:10-ap-0764-RJH
Ruling: 
The Ninth Circuit BAP REVERSED the Bankruptcy Court's ruling that the Debtor's student loans were non-dischargeable and REMANDED the case to the Bankruptcy Court for purposes of entering a judgment discharging the Debtor's FFELP loans. The BAP entered its ruling ...
Judge(s): 
Hon. Thomas M. Renn (sitting by designation); Hon. Jim D. Pappas; and Hon. Ralph B. Kirscher.
Read on...

Crumpton v. McGarrity (In re Northlake Foods, Inc.)

Summarized by Lynn Hinson, Dean Mead Egerton Bloodworth Capouano & Bozarth PA 4 weeks 4 days ago
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Citation: 
11th Circuit Court of Appeals Case Number 12-15604 (will not be published)
Ruling: 
Dividends paid to a shareholder prior to bankruptcy in accordance with a provision of a shareholders agreement were not constructively fraudulent transfers. The shareholders agreement provided that if the debtor corporation's income became taxable to the shareholders, the corporation ...
Judge(s): 
11th Circuit Court Judges Tjoflat, Marcus and Wilson
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Singh v. Cusick (In re Singh)

Summarized by Holly Roark, Roark Law Offices 4 weeks 5 days ago
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Citation: 
BAP No. EC-11-1700-DJuMk, Adv. No. 11-02118-RHS, BK. No. 10-28544-RHS
Ruling: 
Debtor has no standing to claim wife's interest in tax refund where he specifically denied that he had any interest in the tax refund, did not schedule or exempt the funds, and the wife had not filed an answer to ...
Judge(s): 
Ronald H. Sargis
Read on...
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