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Topic: Bankruptcy Litigation

Agri Star Meat & Poultry, LLC v. Nevel Properties Corp.

Citation: 
Agri Star Meat & Poultry, LLC v. Nevel Properties Corp., 8th Cir. Court of Appeals, No. 13-1161, August 28, 2014
Ruling: 
The 8th Circuit Court of Appeals upheld the ruling by the 8th Circuit district court and the bankruptcy court which concluded that SHF did not have any rights to a well located on land owned by Nevel. The bankruptcy ...
Judge(s): 
RILEY, Chief Judge, MELLOY and BENTON, Circuit Judges.
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Racusin v. American Wagering, Inc. (In re American Wagering, Inc.)

Citation: 
2014 WL 4179911 (9th Cir., Aug. 25, 2014)
Ruling: 
Reversing and remanding the decision of the Bankruptcy Appellate Panel (the "BAP"), the Ninth Circuit held that the plain language of a settlement agreement between Appellant Racusin and Appellees American Wagering, Inc. and Leroy's Horse & Sports Place contemplated interest ...
Judge(s): 
The Hon. Mary Margaret McKeown and The Hon. Richard R. Clifton, Circuit Judges, and The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation.
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Tobkin v. The Florida Bar (In re Tobkin)

Citation: 
Tobkin v. The Florida Bar (In re Tobkin), Case No. 14-10272 (11th Cir. Aug. 28 2014) (per curiam) (unpublished).
Ruling: 
The Florida Bar is a governmental unit pursuant to Section 101(27) of the Bankruptcy Code and thus cost judgment entered against Debtor as a disciplinary fine and penalty was non dischargeable pursuant to 11 U.S.C. Section 523(a)(7).
Judge(s): 
Hull, Martin and Anderson
Read on...

Biixseth v. Eklund (In the Mater of BLX Group, Inc.)

Citation: 
Matter of BLX Group, Inc., No. 13-35122 (9th Cir. Aug. 26, 2014).
Ruling: 
A nondebtor’s appeal of an order confirming a chapter 11 plan was untimely with respect to an earlier order approving the estate’s transfer of claims against the appellant to a liquidating trust. Not-for-publication memorandum decision.
Judge(s): 
Alex Kozinski (Chief Judge), Richard A. Paez, and Marsha S. Berzon, Circuit Judges.
Read on...

Galloway v. Ford (In re Galloway)

Citation: 
Galloway v. Ford (In re Galloway), 9th Cir. B.A.P., (AZ-13-1085-PaKiTa) August 27, 2014 [Not for Publication]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling of the bankruptcy court which denied Debtors’ 2nd motion to dismiss their chapter 7 case as well as denied Debtors’ motion to abandon property. However, the ...
Judge(s): 
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
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Meruelo v. Reorganized Meruelo Maddux Prop., Inc. (In re Meruelo Maddux Prop., Inc.)

Citation: 
9th Circuit BAP No. CC-13-1494-KiTaD (August 26, 2014)
Ruling: 
The BAP VACATED the order of the bankruptcy court for abuse of discretion in applying the "reasonableness" standard under Section 502(b)(4) to a post-petition claim for administrative expense based upon unpaid severance and unpaid bonus, rather than the "actual and ...
Judge(s): 
Kirscher, Taylor, and Dunn
Read on...

Moxley v. Perry (In re Perry)

Citation: 
9th Circuit BAP No. AZ-13-1438-TaPaKi (August 26, 2014)
Ruling: 
In the unpublished opinion the BAP ruled that record supported the determination that Mychelle Moxley ("Moxley") did not diligently prosecute the asserted 11 U.S.C. Sec. 523 claims for relief, and affirmed the bankruptcy court's ruling denying Moxley's motion for reconsideration. ...
Judge(s): 
Honorable Taylor, Pappas, and Kirscher
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Gould v. Red Hill Enterprises (In re Gould)

Citation: 
Gould v. Red Hill Enterprises (In re Gould), BAP No. CC-13-1437-KiLaPa (BAP 9th Cir. Aug. 25, 2014)
Ruling: 
The 9th Circuit BAP affirmed US Bankruptcy Court for the Central District of California's entry of summary judgment in favor of plaintiff in dischargeability suit on separate grounds, affirming bankruptcy court's application of issue preclusion/collateral estoppel.
Judge(s): 
Kirscher, Latham, and Pappas (J. Latham sitting by designation).
Read on...

Graham Mortgage Corp. v. Goff (In the Matter of Goff)

Citation: 
Graham Mortgage Corp. v. Tommy Goff, No. 13-41158
Ruling: 
The Fifth Circuit affirmed the lower court's decision that (a) creditor was entitled to partial summary judgment, under section 727(a)(3), because Debtor failed to adequately maintain his books and records, (b) Debtor was not entitled to reconsideration of summary judgment ...
Judge(s): 
Davis, Smith and Clement, Circuit Judges.
Read on...

Gutierrez v. Coker (In re Gutierrez)

Citation: 
Gutierrez v. Coker (In re Gutierrez), 9th Cir. B.A.P., NC-13-1469-DJuKu, August 19, 2014 [Not for Publication]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the order of the bankruptcy court denying the motion for contempt for violation of the discharge injunction (“Motion”) filed by Marco and Jennifer Gutierrez (Debtor/Appellants) against appellees Irene Macias ...
Judge(s): 
DUNN, JURY and KURTZ, Bankruptcy Judges.
Read on...
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