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Topic: Bankruptcy Litigation

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. General Motors

Citation: 
15a0361n.06
Ruling: 
Ruling against the United Auto Workers (UAW) and in favor of GM, the Sixth Circuit held the 2009 Retiree Settlement Agreement (2009 RSA) extinguished an obligation for New GM to pay $450 million under a 2009 Master Sale and Purchase ...
Judge(s): 
Boggs, Sutton and Stranch, Circuit Judges.
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1756 W. Lake St LLC v. American Chartered Bank and Scherston Real Estate Investments, LLC

Citation: 
1756 W. Lake Street LLC v. American Chartered Bank and Scherston Real Estate Investments, LLC, Court of Appeals, 7th Circuit (May 15, 2015)
Ruling: 
Value derived from several forbearance agreements and related concessions from a creditor satisfies the reasonable equivalence test in the face of an avoidance action brought by the debtor where the equity in the property is eaten up by the value ...
Judge(s): 
Posner, Sykes, Simon
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Kaler v. Slominski (In re Keeley and Grabanski Land Partnership)

Citation: 
2015 WL 2237147
Ruling: 
The bankruptcy court erred in calculating damages and offset under Section 550. The bankruptcy court incorrectly gave defendant an offset for costs of improvements after finding that he did not increase the value of the property. Section 550(e) states that ...
Judge(s): 
Federman, Nail, and Shodeen
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Onyeabor v. Centennial Pointe Property Owners' Assoc. (In re Onyeabor)

Citation: 
Onyeabor v. Centennial Pointe Property Owners' Assoc. (In re Onyeabor), No. UT-14-047 (BAP 10th Cir. Apr. 15, 2015)
Ruling: 
BAP for 10th Circuit affirmed in part, and dismissed in part, debtor's appeal of bankruptcy order denying her motion to reconsider order denying motion to vacate order converting debtor's chapter 13 case to chapter 7. BAP affirmed bankruptcy court's ruling ...
Judge(s): 
Nugent, Somers, Jacobvitz
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Plyam v. Precision Development, LLC (In re Plyam)

Citation: 
9th Cir. Bankruptcy Appellate Case No. CC-14-1362-TaDPa (May 5, 2015)
Ruling: 
The 9th Circuit Bankruptcy Appellate Panel ("BAP") ruled that a bankruptcy court may relay on the issue preclusion effect of an existing state court judgment; however, the bankruptcy court must apply the forum's state law of issue preclusion. Even ...
Judge(s): 
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
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Gillie, et al. v. Law Office of Eric A. Hones, LLC, et al.

Citation: 
Case No. 14-3836 (6th Cir. 2015)
Ruling: 
Private attorney retained by State to collect obligations owed to State is not "officer or employee" of State for purposes of exception from Fair Debt Collection Practices Act. Attorney violated FDCPA by sending demand letters on letterhead of State ...
Judge(s): 
Clay and Gilman (majority) and Sutton (dissenting with opinion)
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Ritchie Captial Mgt., L.L.C. v. Kelley

Citation: 
Ritchie Capital Management LLC v. Kelley, __ F.3d __, 2015 WL 1963696 (8th CIr. May 4, 2015)
Ruling: 
Bankruptcy court approval of allocation of settlement proceeds was affirmed as the court did not abuse its discretion and had an adequate record to determine whether allocation was fair and in the best interests of creditors.
Judge(s): 
Bye, Beam, and Benton
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Lane v. Barney (In re Lane)

Citation: 
Lane v. Barney (In re Lane), BAP No. WY-14-053 & 14-054 (BAP 10th Cir. Mar. 20, 2015)
Ruling: 
BAP for 10th Circuit dismissed appeal as moot after debtor appealed bankruptcy court (D. Wy.) striking debtor's objection to chapter 7 trustee's motion to sell property of estate. Because debtor appellant had not obtained stay, sale of coins had occurred ...
Judge(s): 
Thurman, Michael, Karlin
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Elliott v. Weil (In re Elliott)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1321-PaKiTa (April 22, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") vacated the bankruptcy court's summary judgment decision to revoke the debtor's discharge. Section 727(e) is a non-waivable statute of repose, and its time limits are not subject to tolling. Therefore, the ...
Judge(s): 
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
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Carlson v. U.S. Bank (In re Carlson)

Citation: 
Carlson v. U.S. Bank (In re Carlson) 8th Circuit Court of Appeals, No. 14-3563, April 27, 2015 [Unpublished]
Ruling: 
In an unpublished per curiam opinion, the 8th Circuit Court of Appeals rejected Carlson’s legal arguments and affirmed the decision of the bankruptcy court, when the bankruptcy court denied his motions for relief and dismissed his chapter 13 case.
Judge(s): 
LOKEN, BOWMAN, and KELLY, Circuit Judges.
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