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Topic: Asset Sales

Mullin v. Wells Fargo Bank (In re Mullin)

Citation: 
Mullin v. Wells Fargo Bank (In re Mullin), 9th Cir. B.AP. (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary complaints filed against appellees, Wells Fargo Bank, N.A. (WFB). The court found that since all ...
Judge(s): 
JURY, KURTZ, and PAPPAS, Bankruptcy Judges
Read on...

Thaw v. Moser (In the Matter of Thaw)

Citation: 
Case No. 14-40108 (5th Cir. October 13, 2014)
Ruling: 
AFFIRMED district and bankruptcycourt ruling that forced sale of non-debtor spouse's homestead interest was not a taking under the Fifth Amendment of the United States Constitution entitling the non-debtor spouse to just compensation because the property interest was acquired after ...
Judge(s): 
King, Graves, and Higginson, Circuit Judges
Read on...

Thaw v. Moser

Citation: 
14-40108
Ruling: 
Trustee can force sale of the entire homestead over objection of non-debtor spouse. The sale is not an unconstitutional taking because the property was acquired after BAPCPA went into effect and the property could be used to pay debts of ...
Judge(s): 
King, Graves, and Higginson
Read on...

Krys v. Farnum Place, LLC (In re Fairfield Sentry Ltd)

Citation: 
Docket No. 13-3000 (2d Cir. Sept. 26, 2014)
Ruling: 
VACATING and REMANDING the district court’s order affirming the bankruptcy court’s order denying an application to conduct, in a Chapter 15 ancillary bankruptcy proceeding, a section 363 review of a sale of customer claims filed in a SIPA liquidation (the ...
Judge(s): 
Newman, Walker, and Cabranes (Circuit Judges)
Read on...

Debilio v. Golden (In re Debilio)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel, No. CC-13-1441-TaPaKi (September 11, 2014)
Ruling: 
Order approving sale of assets by chapter 7 trustee to ex-wife of debtor vacated and remanded because the bankruptcy court failed to make any findings in support of the decision.
Judge(s): 
Taylor, Pappas, and Kirscher
Read on...

Kallman & Co. v. Gottlieb (In re Lewis)

Citation: 
Kallman & Co. v. Gottlieb (In re Lewis), BAP No. CC-13-1367-TaDKi, 2014 WL 4099248, --- B.R. --- (B.A.P. 9th Cir. Aug. 20, 2014)
Ruling: 
The Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the United States Bankruptcy Court for the Central District of California’s (the “Bankruptcy Court”) order approving the sale of the bankruptcy estate’s interest in various state court claims against ...
Judge(s): 
Taylor, Dunn, and Kirscher, Bankruptcy Judges
Read on...

Negrete v. Citizens State Bank (In re Negrete)

Citation: 
Negrete v. Citizens State Bank (In re Negrete), 9th Cir. Bankruptcy Appellate Panel (BAP), CC-13-1557-PaKiTa (August 7, 2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the Bankruptcy Appellate Panel affirmed the bankruptcy court’s order denying Debtor's motion for reconsideration of an order denying his motion for contempt.
Judge(s): 
PAPPAS, KIRSCHER AND TAYLOR, Bankruptcy Judges.
Read on...

Barclays Capital Inc. v. Giddens (In re Lehman Brothers Holdings, Inc.)

Citation: 
12-2322-bk
Ruling: 
Second Circuit affirmed the District Court's decision, which held that Barclays was entitled to both the Margin Assets (i.e., $4bn in collateral supporting Lehman Brother Inc.'s exchange-traded derivatives business) as well as the CBAs (i.e., $1.9bn in unencumbered securities held ...
Judge(s): 
Ralph Winter, Peter Hall and Gerald Lynch
Read on...

KVN Corporation, Inc. v. Green (In re KVN Corporation)

Citation: 
KVN Corporation, Inc. v. Green (In re KVN Corporation), B.A.P. No. NC-13-1318 (9th Cir. B.A.P., July 29, 2014)
Ruling: 
The Bankruptcy Appellate Panel of the Ninth Circuit vacated and remanded the decision of the Bankruptcy Court denying approval of a carve out agreement between the Chapter 7 trustee and the secured creditor from lien proceeds from the sale of ...
Judge(s): 
Jury, Kurtz and Dunn, Bankruptcy Judges
Read on...

Lewis Brothers Bakeries Inc. v. Interstate Brands Corp.

Citation: 
Lewis Brothers Bakeries Inc. v. Interstate Brands Corp., 8th Cir. Court of Appeals, No. 11-1850 [June 6, 2014]
Ruling: 
In an En Banc decision, the 8th Circuit Court of Appeals reversed the judgment of the district court and bankruptcy court that held that the material and outstanding obligations of the licensing agreement had yet to be performed or constituted ...
Judge(s): 
RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.
Read on...
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