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Topic: Bankruptcy Litigation

LTF Real Estate Co v. Expert South Tulsa, LLC (In re Expert South Tulsa, LLC)

Citation: 
In re Expert South Tulsa, LLC, 2014 WL 6845675 (10th Cir. BAP December 4, 2014)
Ruling: 
Escrow fund established pre-petition to guarantee completion of site improvements on real estate was not included in property of the estate, but bankruptcy court erred in sua sponte dismissal of debtor's avoidance claims. Affirmed in part and reversed in part.
Judge(s): 
Thurman, Romero, Jacobvitz
Read on...

Sullivan v. Harnisch (In re Sullivan)

Citation: 
Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]
Ruling: 
In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case because the appellant filed the bankruptcy petition in bad faith. The appellate ...
Judge(s): 
TAYLOR, DUNN, and KIRSCHER, Bankruptcy Judges.
Read on...

Aguilar v. Ocwen Loan Servicing, LLC (In re Aguilar)

Citation: 
BAP Nos. CC-14-1017-PaTaKu; CC-14-1073-PaTaKu (unpublished)
Ruling: 
In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks standing to assert claims that are property of the estate and ...
Judge(s): 
PAPPS, TAYLOR, and KURTZ, Bankruptcy Judges.
Read on...

Wolff v. U.S.A. (In re Firstpay, Inc.)

Citation: 
No. 13-2116 (4th Cir. Dec. 12, 2014)
Ruling: 
Affirming that the trustee in bankruptcy may not recover the approximately $28 million transferred by the debtor to the IRS during the 90 days preceding the filing of the bankruptcy petition where the debtor lacked an equitable interest in the ...
Judge(s): 
Davis, Motz and Diaz
Read on...

Picard v. Ida Fishman Revocable Trust (In re Bernard Madoff Investment Securities LLC)

Citation: 
12-2557-bk(L)
Ruling: 
SIPA Trustee's avoidance claims to recover fictitious profits paid by Bernard L. Madoff Securities LLC to hundreds of customers were not avoidable and fell within the section 546(e) safe harbor because such payments constituted securities-related payments. Section 546(e) applied ...
Judge(s): 
Parker, Lynch and Droney
Read on...

Banner Bank v. Johns (In re Johns)

Citation: 
9th Cir. BAP Case No. ID-14-1049-KiDJu [Not for Publication]
Ruling: 
The 9th Circuit Bankruptcy Appellate Panel (“BAP”) in an order entered on June 23, 2014 determined that this matter was suitable for disposition without oral argument. The BAP ruled that based on the stipulated facts; there is no “danger” ...
Judge(s): 
Hon. Kirscher, Dunn, and Jury
Read on...

Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.)

Citation: 
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil Company, Inc. (DOC) and Quail Hollow Inn, LLC (QHI). The appellate ...
Judge(s): 
JURY, KIRSCHER, and DUNN, Bankruptcy Judges.
Read on...

Skinner v. Huggins (In re Skinner)

Citation: 
Skinner v. Huggins, BAP No. AZ-13-1445-DJuKi (BAP 9th Cir. Dec. 10, 2014)
Ruling: 
The BAP for the Ninth Circuit affirmed the bankruptcy court (D. Arizona) judgment in favor of creditor on 11 USC 523(a)(2)(A) dischargeability claim, and affirmed bankruptcy court's finding that debtor intended to defraud creditor. Sole issue on appeal was ...
Judge(s): 
Dunn, Jury, and Kirscher
Read on...

Citizens Bank & Trust v. Security First Insurance Holdings, LLC (In re Brooke Capital Corp.)

Citation: 
Citizens Bank & Trust v. Security First Insurance Holdings, LLC (in re Brooke Capital Corp.), __ Fed. Appx. __, 2014 WL 6873180 (10th Cir. December 8, 2014)
Ruling: 
In a priority dispute between lenders, those holding participation interests in a loan secured by stock were subject to the recharacterization of their participation interest as loans, which rendered their claims unsecured security interests subordinate to claim of a competing ...
Judge(s): 
Kelly, Lucero, and Matheson
Read on...

Starky v. Birdsell (In re Starky)

Citation: 
Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)
Ruling: 
In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from conducting his investigation; therefore, Trustee complied with his duties ...
Judge(s): 
Hon. Dunn, Jury, and Kirscher
Read on...
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