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: Bankruptcy Litigation

Grossman v. Wehrle (In re Royal Manor Management, Inc.)

Citation: 
File Name 16a0324n.06; Docket No. 15-3146
Ruling: 
In an unpublished opinion, the Sixth Circuit Court of Appeals affirms the ruling of the Bankruptcy Appellate Panel in In re Royal Manor Management, Inc., 525 B.R. 338 (B.A.P. 6th Cir. 2015), imposing sanctions of $207,400 against Dennis Grossman, counsel ...
Judge(s): 
Norris, McKeague and White; opinion by White
Read on...

Kirkland v. Rund (In the Matter of EPD Investment Company, LLC)

Citation: 
-- F.3d -- (9th Cir. 2016)
Ruling: 
The Ninth Circuit Court of Appeals affirmed the the bankruptcy court's ruling denying Defendants' motion to compel arbitration. In core proceedings, the bankruptcy court has discretion to decline to enforce otherwise applicable arbitration provisions only if arbitration would conflict ...
Judge(s): 
Honorable Barry G. Silverman and Susan P. Graber, Circuit Judges, and Jennifer A. Dorsey,* District Judge.
Read on...

Nelson v. Fifth Third Bank, et al. (In re Brunsman, Jr.)

Citation: 
File Name:16b0008n.06 (Nos. 15-8014/8015, June 1, 2016
Ruling: 
The bankruptcy court abused its discretion when it granted summary judgment for the Chapter 7 Trustee sua sponte. While there is no prohibition against granting summary judgment sua sponte, it is discouraged in the Sixth Circuit. The better practice ...
Judge(s): 
Harrison, Opperman, Wise
Read on...

Pirani v. Baharia (In the Matter of Pirani)

Citation: 
--- F.3d ---, Case No. 15-40538 (5th Cir May 27, 2016)
Ruling: 
Affirmed, in part, the lower courts' judgment against the debtor based on breaches of a pre-petition settlement agreement. The debtor’s payment of $300,000 for an “assignment” of the bank’s rights to collect a $828,000 deficiency from six co-guarantors did ...
Judge(s): 
Higginbotham, Southwick, Higginson (opinion by Higginson)
Read on...

Hooshim, et al. v. Wolkowitz (In re Kim)

Citation: 
In re Kim, No. CC-15-1273-TaKuF (9th Cir. B.A.P. May 2, 2016). Not-for-publication memorandum.
Ruling: 
A trustee may not avoid a lien as a fraudulent transfer after selling the property subject to (i.e., not free and clear of) the lien.
Judge(s): 
Laura S. Taylor, Frank L. Kurtz, and Robert J. Farris, Bankruptcy Appellate Panel Judges.
Read on...

Castaic Partners II, LLC v. Daca Castaic, LLC (In the Matter of Castaic Partners II, LLC)

Citation: 
Case No. 14-55281
Ruling: 
The appeal was deemed constitutionally moot because the appellate court found that it cannot render relief in the event that it decides the matter in the appellant's favor. The court found that because the bankruptcy case was dismissed and ...
Judge(s): 
Circuit Judges Milan Smith, Jr. and Jacqueline H. Nguyen and District Court Judge Claudia Wilken (sitting by designation).
Read on...

Opportunity Finance, LLC, et al. v. Kelley

Citation: 
Opportunity Finance, LLC, et al. v. Kelly, Case No. 15-2060 (8th Cir. May 16, 2016)
Ruling: 
The harm suffered by the net winners/lenders by the consolidation order, if any, was indirect and therefore they were not persons aggrieved. Therefore, the lenders/net winners lacked standing to appeal the consolidation order and the dismissal of the appeal ...
Judge(s): 
Smith, Bye, Benton
Read on...

Tehrani v. Walters

Citation: 
Tehrani v. Walters, Case No. 15-2317 (3d Cir. May 20, 2016) (not precedential)
Ruling: 
Affirming the decision of the United States District Court for the District of New Jersey ("District Court") and holding that the District Court did not err in (a) rejecting the debtors' allegations of bias and (b) finding that the United ...
Judge(s): 
McKee, Ambro, Scirica
Read on...

Passmore v. Baylor Health Care System

Citation: 
Case No. 15-10358 (May 19, 2016 5th Cir.)
Ruling: 
REVERSED and remanded district court decision that held the expert report requirements of Texas Civil Practice and Remedies Code 74.351 applied in federal court. The 5th Circuit held that Section 74.351's requirement that a plaintiff with a health care liability ...
Judge(s): 
Davis, Barksdale and Dennis, Circuit Judges.
Read on...

Slobodian v. I.R.S

Citation: 
No. 15-2833 (3d Cir. May 10, 2016)
Ruling: 
Five alleged preferential transfers made by Net Pay (a payroll processor) to the IRS, on behalf of five different clients, were not avoidable under 11 U.S.C. § 547(b) of the Bankruptcy Code. Four of the five payments were not ...
Judge(s): 
SMITH and HARDIMAN, Circuit Judges
Read on...
Syndicate content