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Topic: Bankruptcy Litigation

Official Committee of Unsecured Creditors v. Baldwin

Citation: 
Official Comm. of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), Case No. 13-2707 (3d Cir. Feb. 23, 2015)
Ruling: 
Petition for rehearing by the merits panel and the Third Circuit Court of Appeals, en banc, is denied. In a separate opinion concurring in the denial of the petition for rehearing, four Circuit Judges (Jordan, joined by Rendell, Ambro ...
Judge(s): 
McKee, Chief Judge; Rendell; Ambro; Fuentes; Smith; Fisher; Chagares; Jordan; Hardiman; Greenaway, Jr.; Vanaskie; Shwartz and Krause; Jordan (concurring, joined by Rendell, Ambro and Krause)
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Goldstein v. Stahl (In re Goldstein)

Citation: 
9th Cir. BAP Case No. CC-14-1346-TaDPa (March 3, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel determined, as a matter of law, that the claims commenced post-petition accrued pre-petition; therefore, the claims were property of the estate. The TPP claims involved the interpretation of the legal significance of facts ...
Judge(s): 
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
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Metrou v. M.A. Mortenson Co. and Schuff Steel Co.

Citation: 
Metrou v. M.A. Morteson Co., No. 14-8030, --- WL --- (7th Cir. Mar. 23, 2015)
Ruling: 
In a matter of first impression at the appellate level and reversing the decision below, the Seventh Circuit declined to utilize judicial estoppel to cap a Chapter 7 trustee's potential recovery in an action at an amount equal to that ...
Judge(s): 
Easterbrook, Flaum, Williams
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Curtis, et al. v. Perkins (In re International Management Associates, LLC)

Citation: 
Curtis v. Perkins (In re International Management Associates, LLC), No. 14-13423 (11th Cir. Mar. 19, 2015)
Ruling: 
The Eleventh Circuit affirmed the Georgia District Court’s affirmance of the Bankruptcy Court’s admission of critical business summaries and its Ponzi scheme finding. With respect to the evidentiary issues, the Court clarified that the summaries were admissible under F.R.E. 1006 ...
Judge(s): 
Carnes; Hull; and Rosenbaum
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Waldman, et al. v. Stone

Citation: 
Case No. 13-5404 (6th Cir. March 19, 2015)
Ruling: 
District Court not required to take additional evidence when reviewing bankruptcy court proposed findings of fact and conclusions of law.
Judge(s): 
Kethledge, Stranch and Gwin
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Stoebner v. JPMorgan Chase Bank

Citation: 
14-1154, 2015 WL 1020736
Ruling: 
Eighth Circuit affirmed bankruptcy court's finding that liens should be avoided as fraudulent conveyances because a sufficient number of the traditional badges of fraud were present to give rise to a presumption of fraud sufficient to grant summary judgment to ...
Judge(s): 
Riley, Wollman, and Bye
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Moses v. Cashcall, Inc.

Citation: 
Moses v. Cashcall, Inc., 2015 U.S. App. LEXIS 4098 (4th Cir. 2015)
Ruling: 
Affirmed in part, reversed in part, and remanded with instructions by per curiam opinion: "This bankruptcy appeal presents the issue of whether two claims, one for declaratory relief and one for money damages, asserted by debtor Oteria Moses in an adversary ...
Judge(s): 
Before: Circuit Judges Paul v. Niemeyer and Roger L. Gregory, and Senior Circuit Judge Andre M. Davis
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Gerard v. Gerard

Citation: 
Gerard v. Gerard, No. 14-1496 (7th Cir. Mar. 12, 2015)
Ruling: 
The 7th Circuit reversed the U.S. District Court (E.D. Wis.), which had affirmed the bankruptcy court's entry of judgment of nondischargeability under 11 USC 523(a)(6)(willful and malicious injury) after giving preclusive effect to state court trial verdict in favor of ...
Judge(s): 
Manion, Rovner, and Hamilton
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Houston v. Queen

Citation: 
Case: 14-30512
Ruling: 
Under Fifth Circuit jurisprudence, the Rooker–Feldman doctrine barred Plaintiffs' action as they were (1) state-court losers; (2) alleging harm caused by a state-court judgment; (3) that was rendered before the district court proceedings began; and (4) requesting review and reversal ...
Judge(s): 
Before SMITH, PRADO, and OWEN, Circuit Judges.
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APJL Consulting, LLC v. Treasures, Inc. (in re Treasures, Inc.)

Citation: 
Nos. SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished
Ruling: 
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full disclosure, APJL could not have relied on the order authorizing its employment regarding ...
Judge(s): 
JURY, KIRSCHER, and KURTZ, Bankruptcy Judges.
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