The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

Topic: Plan Confirmation

Pawtucket Credit Union v. Boyajian

Citation: 
United States Bankruptcy Appellate Panel for the First Circuit, Nos. RI 14-049, 14-051, March 31, 2015
Ruling: 
Reversing and remanding, the First Circuit BAP concluded that the binding effect of a confirmed chapter 13 plan prevails over a claim that is disallowed under the claims allowance process set forth in the Bankruptcy Code and Rules. Plan confirmation ...
Judge(s): 
Kornreich, Tester, and Cary
Read on...

SE Property Holdings, Inc. v. Seaside Engineering & Surveying, Inc. (In re Seaside Engineering & Surveying, Inc.)

Citation: 
--- F.3d ---- (11th Cir. Mar. 12, 2015)
Ruling: 
Affirmed. Equity holder being paid in full for interest in debtor under plan cannot block plan by insisting on being equity holder in reorganized debtor. Going concern method was appropriate method for valuation of debtor and findings regarding ...
Judge(s): 
MARTIN, ANDERSON, and COTE (District Judge (S.D.N.Y) sitting by designation)
Read on...

Civic Partners Sioux City, LLC v. Main Street Theaters, Inc. (In re Civic Partners Sioux City, LLC)

Citation: 
No. 13-3636 (8th Cir. Mar. 3, 2015).
Ruling: 
The Court of Appeals lacks jurisdiction over appeals from non-final orders of the Bankruptcy Appellate Panel. In particular, an order denying confirmation of a chapter 11 plan of reorganization is interlocutory, and therefore nonappealable. Appeal dismissed.
Judge(s): 
Murphy, Smith, and Gruender.
Read on...

Kitron; Angello v. Valley Health System (In re Valley Health System)

Citation: 
Kitron, et al. v. Valley Health System (In re Valley Health System), BAP No. CC-11-1100-DPaTa (BAP 9th Cir. Feb. 24, 2015)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court dismissing under Rule 12 suit commenced by creditors against chapter 9 debtor and other parties. BAP agreed that appellants' suit failed to state claim upon which ...
Judge(s): 
Dunn, Pappas, Taylor
Read on...

Lei v. Yan (In re Yan)

Citation: 
Lei v. Yan (In re Yan), 9th Cir. B.A.P (NC-14-1266-JuTaPa), February 26, 2015 [Not for Publication]
Ruling: 
In an unpublished opinion the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court’s denial of creditor motion seeking damages for violations of the automatic stay under § 362(k)(1). The court held that the creditor did not ...
Judge(s): 
JURY, TAYLOR, and PAPPAS, Bankruptcy Judges.
Read on...

Lydon v. T&N Limited

Citation: 
United States Court of Appeals for the First Circuit, No. 14-1281, February 11, 2015
Ruling: 
Affirming the ruling of the district court, the First Circuit determined that the plain language of a confirmed chapter 11 Plan, which created a litigation trust to which individual asbestos claims were assigned, compelled the conclusion that all such claims ...
Judge(s): 
Lynch, Stahl and Kayatta
Read on...

Marlow Manor Downtown, LLC v. Wells Fargo Bank (In re Marlow Manor Downtown LLC)

Citation: 
In re Marlow Manor Downtown, LLC, No. AK-14-1122-JuKiKu (9th Cir. B.A.P. Feb. 6, 2015).
Ruling: 
A chapter 11 debtor’s plan may not classify an under-secured creditor’s claim as entirely secured unless the creditor itself makes the section 1111(b)(2) election. (Not-for-publication memorandum.)
Judge(s): 
Meredith A. Jury, Ralph B. Kirscher, and Frank L. Kurtz, Bankruptcy Judges.
Read on...

Eickerman v. La Jolla Group, II

Citation: 
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling: 
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses incurred when Eickerman (Appellant) defaulted during the execution of ...
Judge(s): 
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
Read on...

Iberiabank v. Geisen (In re FFS Data, Inc.)

Citation: 
Case No. 14-11473 (11th Cir. Jan. 23, 2015)
Ruling: 
A general release provision in a confirmed chapter 11 plan which explicitly identified the 100% stockholder of the Debtor by name applied to the lender's state court claim on the stockholder's guaranty (and not solely in the stockholder's capacity as ...
Judge(s): 
Tjoflat, Pryor and Cox
Read on...

Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

Citation: 
Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]
Ruling: 
The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to the Debtor. The Bankruptcy Appellate Panel affirmed the second order appealed by ...
Judge(s): 
KIRSCHER, DUNN and JURY, Bankruptcy Judges
Read on...
Syndicate content