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Topic: Bankruptcy Litigation

Jubber v. SMC Electrical Products, Inc. (In re C.W. Mining Co.)

Citation: 
Jubber v. SMC Elec. Products, Inc. (In re C.W. Mining Co.), Case No. 13-4175 (10th Cir. August 10, 2015). Published.
Ruling: 
The 10th Circuit permits first time transactions between a debtor and creditor to come with the ordinary course exception of section 547(c)(2) so long as the first time debt is ordinary in relation to the debtor’s and creditor’s past practices ...
Judge(s): 
Kelly, Lucero, Hartz (Hartz)
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Flanders v. Lawrence (In re Flanders)

Citation: 
Flanders v. Lawrence, et al. (In re Flanders), Case No. CO-14-055 (10th Cir. BAP August 5, 2015). Unpublished.
Ruling: 
While the Rooker-Feldman doctrine did not prevent the bankruptcy court from exercising jurisdiction over debtor’s claim against the defendants’ for violation of the discharge injunction since it is an independent cause of action, the principles of issue preclusion did since ...
Judge(s): 
Michael, Karlin, Hall (Michael)
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Pryor v. RW Investment Co., Inc. (In re Pryor)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1526-KiBrD (August 3, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Debtor's motion. There is a high burden on a party seeking relief from a judgment based on fraud on the court. The Debtor did ...
Judge(s): 
KIRSCHER, BRANDT2 and DUNN, Bankruptcy Judges
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Netsphere Inc. v. Baron

Citation: 
No. 13-10119 (5th Cir. Aug. 14, 2015)
Ruling: 
A district court's award of fees to a receiver before the entry of a final judgment is not reviewable on appeal under 28 U.S.C 1292(a)(2) or the collateral order doctrine. Appeal dismissed for want of jurisdiction.
Judge(s): 
Higginbotham, Jolly, Davis
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U.S.A. v. Williams

Citation: 
13-2359 (7th Cir. August 10, 2015)
Ruling: 
Affirmed. Judgment foreclosing a Federal Tax Lien and specifying how proceeds should be applied is "final and appealable" because it ends litigation and leaves nothing but execution of the judgment to be accomplished.
Judge(s): 
Cuday, Easterbrook, Rovner
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Petfinders, L.L.C. v. Chapter 11 Trustee Sherman (In The Matter of Ondova Ltd. Co.)

Citation: 
Fifth Circuit Court of Appeals; No. 13-10120
Ruling: 
The plain language of section 363(m) prevents an appellate court from granting effective relief in cases challenging bankruptcy court orders authorizing the sale of property of the estate to a good-faith purchaser, “whether or not such entity knew of the ...
Judge(s): 
Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.
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Bank of America, N.A. v. Iest (In re Iest)

Citation: 
No. 14-12406; D.C. Docket No. 2:14-cv-00099-RWS; Bkcy. No. 13-bkc-23099-REB
Ruling: 
In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien in the ...
Judge(s): 
Wilson, Rosenbaum, and Cox
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Cote v. Al V., Inc. (In re Cote)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1025-TaPaJu (July 27, 2015)
Ruling: 
In the unpublished decisions, the BAP determined that the bankruptcy court's findings were clearly erroneous and reversed the bankruptcy court's judgment. The BAP determined that a finding of fraud was appropriate only if Debtor knew that he could not ...
Judge(s): 
TAYLOR, PAPPAS, and JURY, Bankruptcy Judges
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In re SemCrude L.P., et al.

Citation: 
In re SemCrude L.P., et al., No. 14-1204, -- F.3d -- (3d Cir. Aug. 5, 2015).
Ruling: 
SemCrude's former limited partners' claims against Thomas Kivisto, SemCrude's co-counder and former president and CEO, were derivative of the claims against the corporation previously asserted, settled and released by the SemCrude Litigation Trust. Because the limited partners had no ...
Judge(s): 
Fuentes, Fisher and Krause, C.J.
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In re Charles Edward Taylor, II

Citation: 
In re Taylor, No. 14–3017, 2015 WL 4393732, --- F.3d --- (7th Cir. July 20, 2015)
Ruling: 
Affirming the district court, the Seventh Circuit first held that the appeal was not moot even though the debtor had entered into a settlement agreement with one of the appellees because the other appellees would not consent to the settlement ...
Judge(s): 
Wood, Chief Judge; Rovner, Circuit Judge; and Springmann, District Judge (sitting by designation)
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