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Topic: Bankruptcy Litigation

O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.)

Citation: 
O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.), 2015 WL 1528302 (8th Cir. BAP April 7, 2015)
Ruling: 
Bankruptcy Appellate Panel dismissed debtor's appeal from order confirming its third amended plan on grounds that the debtor did not have standing and the debtor's arguments were moot.
Judge(s): 
Kressel, Schermer, and Nail
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Adam v. Dobin (In re Adam)

Citation: 
Adam v. Dobin (In re Adam), BAP No. CC-14-1416-PaKiTa (B.A.P. 9th Cir. Apr. 6, 2015)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in granting summary judgment that creditor's claim against debtor was excepted from discharge under section 523(a)(15) of the Bankruptcy Code. ...
Judge(s): 
PAPPAS, KIRSCHER, and TAYLOR
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Wilson v. Walker (In re Walker)

Citation: 
Wilson v. Walker (In re Walker), 8th Cir. Bankruptcy Appellate Panel, No. 14-6032, April 7, 2015
Ruling: 
The BAP for the 8th Circuit affirmed the bankruptcy court (W.D. Mo.-Springfield), which denied plaintiff's (1) requests for: (a) judgment of nondischargeability under 11 USC 523 against debtor; (b) enforcement of money judgment against debtor's non-filing spouse and entity; (2) ...
Judge(s): 
KRESSEL, SCHERMER and NAIL, Bankruptcy Judges. Judge SCHERMER, authored the opinion
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Mastan v. Salamon (In re Salamon)

Citation: 
9th Circuit Bankruptcy Appellate Panel; Case No. CC-14-1334-PaKiTa (April 6, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order disallowing the amended proof of claim filed by chapter 7 trustee, Peter Mastan ("Mastan"). A condition precedent to a creditor's enjoyment of the status set forth in ...
Judge(s): 
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
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Barron & Newburger, P.C. v. TX Skyline, Ltd. (In the Matter of Woerner)

Citation: 
Barron & Newburger, P.C. v. Texas Skyline, Ltd. (In re Woerner), --- F.3d ---, Case No. 13-50075 (5th Cir. Apr. 9, 2015)
Ruling: 
In this “Anti-Snax” decision by the en banc Court of Appeals, the Fifth Circuit OVERTURNED its retrospective attorney’s-fee rule from In re Pro-Snax Distributors, Inc., 157 F.3d 414 (5th Cir. 1998), adopting in its place the prospective, “reasonable likely to ...
Judge(s): 
Edward C. Prado writing for the en banc court; Grady Jolly specially concurring
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Plise v. Krohn (In re Plise)

Citation: 
Plise v. Krohn (In re Plise), BAP No. NV-14-1474-DJuKu (B.A.P. 9th Cir. April 6, 2015)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not commit reversible error when it disallowed debtor's ex-wife's proof of claim. The panel reasoned that the ex-wife was judicially estopped ...
Judge(s): 
DUNN, JURY, and KURTZ
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Todd v. Rothschild (In re Todd)

Citation: 
9th Cir BAP No. NV-14-1255-JuKuD (April 7, 2015) (Not for Publication)
Ruling: 
Based upon lack of subject matter jurisdiction, BAP vacated a bankruptcy court judgment determining the amount of a debtor's exemption in certain funds held in an account. The BAP held that a prior final order had determined that such ...
Judge(s): 
JURY, KURTZ, and DUNN, Bankruptcy Judges.
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Pryor v. Itec Financial, Inc. (In re Pryor)

Citation: 
CC-14-1365-KiKuD (9th Cir. BAP) April 6, 2015; Not for Publication
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling in part and vacated it in part. The BAP affirmed the denial of the Debtor's motion in relation to Fed.R.Civ.P., Rule 60(b)(1), (2), (3). The 1-year ...
Judge(s): 
KIRSCHER, KURTZ and DUNN, Bankruptcy Judges.
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Shamam v. Motzkin (In re Shamam)

Citation: 
9th Cir. BAP No. CC-14-1274 and No. CC-14-1300
Ruling: 
BAP affirmed bankruptcy court in holding: 1) Bankruptcy court acted within it's discretion for entry of default and default judgment as to nondischargeability of debt; 2) the bankruptcy court did not abuse it's discretion in refusing to set aside the ...
Judge(s): 
Taylor, Pappas, and Kirscher
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Cohen v. Third Coast Bank, SSB (In the Matter of Cohen)

Citation: 
5th Cir Court of Appeals; 14-40760 (Unpublished Opinion)
Ruling: 
Debtor's admittedly false borrowing base certificates are not "statements respecting the debtor's or an insider's financial condition" under section 523(a)(2)(B) that require proof of reasonable reliance under section 523(a)(2)(B)(iv), but, rather, a false representation that does not require such a ...
Judge(s): 
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
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