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Topic: Bankruptcy Litigation

Perez v. Hospital Damas, Inc.

Citation: 
No. 13-1810
Ruling: 
This appeal asks us to reverse a denial of a motion to amend a complaint in a medical malpractice case. We cannot do so, however, because the District Court acted within its discretion when it decided the plaintiffs had waited ...
Judge(s): 
Howard, Lipez and Barron
Read on...

Thaw v. Moser

Citation: 
14-40108
Ruling: 
Trustee can force sale of the entire homestead over objection of non-debtor spouse. The sale is not an unconstitutional taking because the property was acquired after BAPCPA went into effect and the property could be used to pay debts of ...
Judge(s): 
King, Graves, and Higginson
Read on...

Chan v. DRM Enterprises, LLC (In re Chan)

Citation: 
Chan v. DRM Enterprises, LLC (In re Chan), BAP No. CC-13-1607-TaSpD, 2014 WL 5033196 (B.A.P. 9th Cir. Oct. 8, 2014)
Ruling: 
Affirming the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that a debt arising from the advances that the creditor made to the debtor's corporation was non-dischargeable under section 523(a)(2)(A) of the Bankruptcy Code because the debtor ...
Judge(s): 
Taylor, Dunn, and Spraker, Bankruptcy Judges
Read on...

P.R. Electric Power Authority v. Wiscovitch-Rentas

Citation: 
BAP No. PR 13-050 (B.A.P. 1st Cir. Sept. 23, 2014)
Ruling: 
The Bankruptcy Appellate Panel vacated the bankruptcy’s court’s order denying Puerto Rico Electric Power Authority’s motion for payment of administrative expenses and remanded to the bankruptcy court to determine whether electricity constitutes a “good” entitled to administrative expense treatment under ...
Judge(s): 
Hillman, Hoffman, and Finkle, United States Bankruptcy Appellate Panel Judges.
Read on...

Dye v. Sachs (In re Flashcom, Inc.)

Citation: 
9th Cir. BAP No. CC-13-1311-KuDaKi (October 1, 2014)
Ruling: 
Bankruptcy courts have equitable authority to modify or vacate compromise stipulations if the factual circumstances warrant the same; however, the bankruptcy court may do so only to the extent no intervening rights have vested in reliance thereon. The 9th ...
Judge(s): 
Honorable Kurtz, Davis, and Kirscher
Read on...

Clear Sky Properties, LLC v. Roussel (In re Roussel)

Citation: 
Clear Sky Properties, LLC v. Roussel (In re Roussel), No. 14-1150 (8th Cir. October 3, 2014)
Ruling: 
Eighth Circuit dismissed debtor's appeal for lack of jurisdiction pursuant to 28 USC 158. Eighth Circuit ruled that district court decision, reversing bankruptcy court and remanding for determination of the dischargeability of state court attorney fee award, was not ...
Judge(s): 
Benton, Beam, Shepherd
Read on...

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

Citation: 
AP No. CC-13-1571-DTaSp (B.A.P. 9th Cir., September 29, 2014) (NOT FOR PUBLICATION)
Ruling: 
The B.A.P. AFFIRMED the bankruptcy court’s dismissal of the Plaintiff’s adversary proceeding against the Defendants. Only a trustee, can pursue claims on behalf of a bankruptcy estate. For a debtor to have standing to pursue claims in an ...
Judge(s): 
Dunn, Taylor, and Spraker, U.S. Bankruptcy Appellate Panel Judges
Read on...

Richardson v. Koch Law Firm, P.C.

Citation: 
Richardson v. Koch Law Firm, P.C No. 12-3868
Ruling: 
Court of Appeals Holding: Since the State Court vacated the initial default judgment, justification for the District Court’s dismissal under Rooker-Feldman no longer exists. Additionally, Richardson has been entirely derelict in his own defense. He has failed on several ...
Judge(s): 
Chief Judge Wood; Judge Easterbrook; Judge Sykes
Read on...

Intertek USA, Inc. v. Caribbean Petroleum Corp. (In re Caribbean Petroleum Corp.)

Citation: 
TGse No. 13-4415 (3d Cir. Sept. 18, 2014) (Not Precedential)
Ruling: 
The district court's determination that the bankruptcy court orders in question unambiguously provide for pro rata distribution to all holders of general unsecured claims, including tort claims is affirmed.
Judge(s): 
Rendell, Greenaway, Jr., and Krause (author)
Read on...

Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC

Citation: 
Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC., 5th Cir. Court of Appeals, No. 13-10969, September 16, 2014
Ruling: 
The 5th Circuit Court of Appeals affirmed the 5th Circuit District Court’s dismissal of Drillers’ constructive trust and equitable lien claims. The 5th Circuit Court of Appeals reversed and remanded the district court’s grant of summary judgment on Drillers’ ...
Judge(s): 
STEWART, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges
Opinion Authored by JENNIFER WALKER ELROD, Circuit Judge:
Read on...
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