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Topic: Bankruptcy Litigation

New York House Authority v. G-I Holdings, Inc. (In re G-I Holdings Inc.)

Citation: 
No. 15-2164 (3d Cir. July 18, 2016) (Not Precedential)
Ruling: 
District Court order affirmed. Governmental entity may not repackage its monetary claim as a claim for injunctive relief in order to avoid being bound by a confirmed plan. Distinguishes In re Torwico Elec., Inc., 8 F.3d 146 (3d ...
Judge(s): 
Smith (author), Roth, and Rendell
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California Capital Insurance Co. v. Riley (In Re Riley)

Citation: 
California Capital Insurance Co. v. Riley (In Re Riley), Case No. CC-15-1379-TaLKi (9th Cir. BAP Jun. 8, 2016) (unpublished)
Ruling: 
Bankruptcy court judgment affirmed in favor of debtor in an adversary proceeding where creditor objected to discharge of its claim under § 523(a)(6).
Judge(s): 
Taylor, Landis, and Kirscher
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Tevis v. California Department of Veterans Affairs (In re Tevis)

Citation: 
Tevis v. California Department of Veterans Affairs (In re Tevis), Case No. EC-15-1111-TaJuD (9th Cir. BAP Jul. 7, 2016) (unpublished)
Ruling: 
Bankruptcy court's order dismissing debtors' adversary proceeding against creditor and chapter 13 trustee affirmed due to debtors' failure to prosecute.
Judge(s): 
Taylor, Jury, and Dunn
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Gaines v. Parker (In re Shaver Lakewoods Development Inc.)

Citation: 
9th Cir. Bankrupcy Appellate Panel Case No. EC-15-1312-TaJuD (Not or Publication)
Ruling: 
The BAP agreed that the assignment in favor of the Appellant did not give rise to a mortgage against the real property at issue. The terms of the agreement between the Appellant and Debtor did not rise to level ...
Judge(s): 
Honorable TAYLOR, JURY, and DUNN, Bankruptcy Judges.
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Arlington Capital, LLC v. Bainton McCarthy LLC, et al. (In re GT Automation Group, Inc.)

Citation: 
In re GT Automation Group, Inc., No. 1:14-CV-98 (7th Cir. July 8, 2016) (unpublished).
Ruling: 
In the bankruptcy context, an appellant lacks standing if it is unable to realize any economic benefit from a potential reversal.
Judge(s): 
Posner, Williams, and Pallmeyer (District Judge of the Northern District of Illinois, sitting by designation.)
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Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).

Citation: 
Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).
Ruling: 
A bankruptcy court has discretion to modify a Chapter 13 plan based on an increase in the Debtors’ post-confirmation income.
Judge(s): 
Bauer, Williams, and Adelman (District Judge of the Eastern District of Wisconsin, sitting by designation)
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Freif & Co. v. Shapiro, et al. (In re Western Funding Inc.)

Citation: 
-- F.3d -- (9th BAP 2016)
Ruling: 
The Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the Chapter 11 Liquidating Trustee's ("Trustee") proposed settlement related to pre-petition transfers. The BAP determined that based on the confirmed Chapter 11 Plan and terms of the Liquidating ...
Judge(s): 
Honorable DUNN, FARIS and BARASH.
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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
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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.
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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
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