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 member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

Topic: Asset Sales

Morris, et al. v. Davis (In re Morris)

Citation: 
BAP No. SC-15-1222-FJuKi (BAP 9th Cir. Mar. 29, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) approving a settlement agreement, finding the bankruptcy court did not abuse its discretion in granting the motion to settle as fair and equitable. Bankruptcy court ...
Judge(s): 
Faris, Jury, Kirscher
Read on...

Official Committee of Unsecured Creditors of Great Lakes Quick Lube LP v. T.D. Investments I, LLP (IN re Great Lakes Quick Lube LP)

Citation: 
7th Cir., Case No. 15-2093, Decided March 11, 2016
Ruling: 
The judgment of the bankruptcy court was reversed, and the case remanded in order to determine: a) the value of the asset transferred (in the form of commercial leases that were terminated pre-bankruptcy), and b) whether the transferee has any ...
Judge(s): 
POSNER, FLAUM and WILLIAMS, Circuit Judges
Read on...

Kingdom Fresh Produce, Inc., et al. v. Stokes Law Office, L.L.P. (In the Matter of Delta Produce, L.P.)

Citation: 
No. 14-51079 Fifth Circuit Court of Appeals
Ruling: 
Attorney could not be paid his fees and expenses allocable to an objecting PACA claimant as 7 U.S.C. § 499e(c)(2) requires that buyers of perishable agricultural commodities must hold receivables or proceeds from the sale of those commodities in trust ...
Judge(s): 
Before REAVLEY, PRADO, and COSTA, Circuit Judges.
Read on...

Providence Hall Associates Ltd Partnership v. Wells Fargo Bank, N.A.

Citation: 
Slip Op. Mar. 11, 2016 (Case No. 15-2378 4th Cir. 2016)
Ruling: 
After the district court dismissed a lender-liability action by a former Borrower against the Bank, the Court of Appeals affirmed the dismissal based on res judicata because during the time that the Debtor was in a later-dismissed chapter 11, the ...
Judge(s): 
Diaz, Wilkinson and Niemeyer
Read on...

The Zuercher Trust of 1999 v. Schoenmann (The Zuercher Trust of 1999)

Citation: 
9th Circuit BAP Case Nos. NC-14-1440-KuWJu and NC-14-1515-KuWJu (Not for Publication)
Ruling: 
The 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the sale of real property. In regards to the issue of The Zuercher Trust of 1999 ("Trust") and its owner Monica Hujazi ("Hujazi") standing to appeal, ...
Judge(s): 
Bankruptcy Judges KURTZ, WANSLEE, and JURY
Read on...

Spice 4 Life v. Rund (In re Jawa) ** Not For Publication **

Citation: 
Spice 4 Life v. Rund (In re Java) B.R. (9th Cir. B.A.P. December 4, 2015)
Ruling: 
** Not For Publication ** The Bankruptcy Appellate Panel for the Ninth Circuit held Spice 4 Life's claims were moot because it did not oppose a Trustee's Motion to Revoke a Living Trust which explicitly stated the property at issue ...
Judge(s): 
KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges
Read on...

Ferrante v. Casey (In re Ferrante)

Citation: 
In re Ferrante, No. CC-14-1222-KiTaPa (9th Cir. B.A.P. Aug. 26, 2015).
Ruling: 
A qualified personal residence trust (“QPRT”) fails, and its assets revert to the grantor and become property of the estate upon the grantor’s bankruptcy, if the trust contains a prohibited “buy-back” provision. Not-for-publication memorandum.
Judge(s): 
Ralph B. Kirscher, Laura S. Taylor, and Jim D. Pappas, Bankruptcy Judges.
Read on...

Moser, et al. v. Schachar (In the Matter of Thaw)

Citation: 
CTA5 No. 15-40321
Ruling: 
Because Texas Property Code section 52.042 did not affect the lienholder's status until after the bankruptcy, and must be read in conjunction with section 52.043, which creates an exception for abandoned or exempted property from the effects of 52.042, the ...
Judge(s): 
Before REAVLEY, ELROD and HAYNES, Circuit Judges.
Read on...

In re Revel AC, Inc., et al.

Citation: 
In re Revel AC, Inc., et al. (3d Cir. 15-1253, Sept. 30, 2015)
Ruling: 
Third Circuit reversed the District Court's denial of IDEA Boardwalk, LLC's ("IDEA") motion for stay pending appeal with respect to the portion of the Bankruptcy Court's sale order that allowed the debtor, Revel AC, Inc. ("Debtor") to sell its casino ...
Judge(s): 
Ambro, Schwartz and Krause
Read on...

TMC Areospace, Inc v. Joseph (In re Ice Management Systems)

Citation: 
BAP 9th Cir. no. CC-14-1046
Ruling: 
In an unpublished decision, the 9th Circuit BAP affirmed the ruling of the Bankruptcy Court for the Central District of California that the moneys received from the sale of estate assets subject to existing liens and encumbrances are not subject ...
Judge(s): 
Kirscher, Kurtz, Davis
Read on...
Syndicate content