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Elliott v. Weil (In re Elliott)

Citation: 
BAP Case Nos. CC-14-1050-KiTaD and CC-14-1059-KiTaD
Ruling: 
The BAP held the Supreme Court's recent decision in Law v. Siegel, 134 S.Ct. 1188 (2014) prohibits a bankruptcy court from denying a debtor's claimed exemption (or amendment to an exemption) on the basis of bad faith. However, an ...
Judge(s): 
Kirscher, Taylor, and Dunn. Opinion by Judge Kirscher.
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Lucas v. Dynegy Inc. (In re Dynegy, Inc.)

Citation: 
No. 13-2581, Slip Op. (2d Cir. Oct. 31, 2014)
Ruling: 
The circuit court affirmed the district court's ruling that the appellant lacked standing to opt out of or object to the reorganization plan on behalf of a putative class in a separate securities class action. They likewise affirmed the ...
Judge(s): 
Murtha, J. (sitting by designation); Walker, J.; Hall, J.
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Dow Corning Corp. v. Claimants' Advisory Committee (In re Settlement Facility Dow Corning Trust)

Citation: 
File Name:15a0080n.06; Sixth Circuit Court of Appeals Case No. 14-1090
Ruling: 
The Sixth Circuit reversed the district court's judgment with respect to its rulings that (1) "adequate assurance" is the proper standard for assessing the availability of funds under Section 7.03 of the Settlement and Fund Distribution Agreement (SFA) and (2) ...
Judge(s): 
Circuit Judges Boggs and Cook; and District Court Judge Quist, by designation
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Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank (In re Motors Liquidation Co.)

Citation: 
2015 U.S. App. LEXIS 859 (2nd Cir. Jan. 21, 2015)
Ruling: 
A secured party's authorization to file a UCC-3 termination statement of a UCC-1 Financing Statement filed under the Article 9 of the Uniform Commercial Code (UCC) is all that is required to effectuate a termination of the filed Financing Statement; ...
Judge(s): 
Winter, Wesley and Carney
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Tamm v. United Sates Trustee, Honolulu (In re Hokulani Square, Inc.)

Citation: 
Case No. 11-60072 (9th Cir. 2015)
Ruling: 
Relying on plain language, legislative history, and following prior decisions by the Third and Fifth Circuits, the Ninth Circuit Panel held that section 326(a) of the Bankruptcy Code does not permit trustee compensation for returning property to a secured lender ...
Judge(s): 
Alex Kozinski, Raymond C. Fisher, and Paul J. Watford, Circuit Judges. Opinion by Judge Kozinski.
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