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Topic: Plan Confirmation

Sullivan v. Harnisch (In re Sullivan)

Citation: 
Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]
Ruling: 
In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case because the appellant filed the bankruptcy petition in bad faith. The appellate ...
Judge(s): 
TAYLOR, DUNN, and KIRSCHER, Bankruptcy Judges.
Read on...

Rose Hill Bank v. Lazzo (In re Schupbach Investments, LLC)

Citation: 
No. KS-13-077 (10th Cir. B.A.P. Nov. 25, 2014)
Ruling: 
In accordance with Tenth Circuit precedent, a chapter 11 debtor’s untimely application to employ counsel pursuant to § 327 may only be granted retroactively to the petition date upon a showing of “extraordinary circumstances;” mere inadvertence or neglect in making ...
Judge(s): 
Michael, Romero, and Jacobvitz.
Read on...

Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.)

Citation: 
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil Company, Inc. (DOC) and Quail Hollow Inn, LLC (QHI). The appellate ...
Judge(s): 
JURY, KIRSCHER, and DUNN, Bankruptcy Judges.
Read on...

Jalonowski v. Jean (In re Jean)

Citation: 
Jalonowski v. Jean (In re Jean), 9th Cir. B.A.P., BAP No. NC-14-1198-KuPaJu (November 21, 2014) [Unpublished]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s orders confirming the debtors chapter 13 plan and denying the appellants dismissal motion and objection to confirmation of debtor's plan. The appellants argued that debtors petition ...
Judge(s): 
KURTZ, PAPPAS and JURY, Bankruptcy Judges
Read on...

Beeman v. BGI (In re BGI)

Citation: 
Nos. 13-2226, 13-2288, 13-2300
Ruling: 
As an issue of first impression, the Second Circuit held that the equitable mootness analysis set out in Chateaugay II applies to Chapter 11 liquidations. As with a reorganization, substantial consummation of a liquidating plan gives rise to a ...
Judge(s): 
Kearse, Straub, and Carney
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...

Rivera v. Curry (In re Rivera)

Citation: 
No. 14-1035 (9th Cir. BAP, Sept. 29, 2014)
Ruling: 
Dismissed the appeal, as Debtor-Appellant should have sought relief from the bankruptcy court by filing a Civil Rule 60(b) motion.
Judge(s): 
Kurtz, Davis, and Kirscher.
Read on...

Atkinson v. Ernie Haire Ford, Inc.

Citation: 
13-11810
Ruling: 
A defendant in an adversary proceeding was not a "person aggrieved" by the bankruptcy court's order extending the litigation bar date, and thus could not appeal such order.
Judge(s): 
Wilson, Pryor, and Rosenbaum
Read on...

Minnesota Housing Finance Agency v. Schmidt (In re Schmidt)

Citation: 
Minnesota Housing Finance Agency v. Schmidt (In re Schmidt), No. 13-2447 (8th Cir. 2014)
Ruling: 
Eighth Circuit Court of Appeals affirmed U.S. District Court, which affirmed bankruptcy court's confirmation of Chapter 13 plan over objection of creditor. Issue was whether Chapter 13 debtor could lien strip third mortgage on residence where residence value was ...
Judge(s): 
Colloton, Shepherd, Kelly
Read on...

General Lending Corp. v. Cancio

Citation: 
General Lending Corp. v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).
Ruling: 
The Circuit Court found that GLC could have identified the eligibility issues as early as July 2010 but failed to closely inspect the Debtor's schedules, that the Debtors had maintained their plan payments for two years, and the Debtors would ...
Judge(s): 
Pryor, Martin and Edmondson
Read on...
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