Topic: Plan Confirmation

Adelphia Recovery Trust v. Goldman

Citation: 
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling: 
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the debtors in bankruptcy court treated the cash management system as property ...
Judge(s): 
Winter, Walker, Cabranes
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Spokane Law Enforcement FCU v. Barker (In re Barker)

Citation: 
In Re Barker, 9th Cir. B.A.P., MT-13-1393-JuKuPa (March 28, 2014) [Unpublished]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court which held, the bankruptcy court did not have the discretion to allow a late filed proof of claim in a chapter 13 case ...
Judge(s): 
JURY, KURTZ, and PAPPAS,
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Pliler v. Stearns (In re Pliler)

Citation: 
Pliler v. Stearns (In re Pliler), Case No. 13-1445 (4th Cir. Mar. 28, 2014)
Ruling: 
In a published opinion, the Fourth Circuit affirmed the bankruptcy court holding that above-median debtors are obligated to maintain chapter 13 plans for 5 years where unsecured creditors are not paid in full, even if the debtors have negative disposable ...
Judge(s): 
Duncan, Wynn, and Thacker (Opinion written by Wynn)
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US v. Villalobos (In re Villalobos)

Citation: 
BAP No. NV-13-1179-JuKiTa; Bk Nos. 10-52248, 10-52249, 10-52251, 10-52252; (not appropriate for publication)
Ruling: 
Though the Ninth Circuit BAP found that a confirmed chapter 11 plan had been substantially consummated, the BAP nevertheless reversed the Bankruptcy Court's confirmation order.
Judge(s): 
JURY, KIRSCHER and TAYLOR, Bankruptcy Judges
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Kramer v. Bankwoski

Citation: 
BAP No. MS 13-037
Ruling: 
Bankruptcy Appellate Panel affirmed bankruptcy court's order denying confirmation of the chapter 13 plan.
Judge(s): 
Kornreich, Tester & FInkle (author)
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Phoenix, LLC v. The Alameda Liquidating Trust (In re Alameda Investments, LLC)

Citation: 
Phoenix, LLC v. The Alameda Liquidating Trust (In re Alameda Investments, LLC), BAP No. CC-13-1333-PaTaKu (9th Cir. BAP Mar. 5, 2014) (unpublished)
Ruling: 
The Ninth Circuit BAP affirmed the bankruptcy court's order determining that the Appellee liquidating trust succeeded to the entire interest in an LLC held by the chapter 11 debtor and that the Appellee enjoyed the same membership interest in the ...
Judge(s): 
Pappas, Taylor, and Kurtz
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Dudley v. Simmons (In re Dudley)

Citation: 
Dudley v. Simmons (In re Dudley), BAP No. AZ-12-1631-KuDPa (BAP 9th Cir. Feb. 26, 2014)
Ruling: 
The Ninth Circuit BAP affirmed bankruptcy court's (Arizona) dismissal of Chapter 13 case following expiration of sixty month term of confirmed plan and material default. The BAP perceived no abuse of discretion in the bankruptcy court's conclusion that debtor's ...
Judge(s): 
Kurtz, Dunn, and Pappas
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Gordon v. Bank of America, N.A. (In re Gordon)

Citation: 
Appeal Nos. 12-1140, 12-1143 (Consolidated), 10th Circuit Court of Appeals
Ruling: 
Pahs' appeal of the reversal of his confirmation order was dismissed as moot. Pahs' failure to remain current on his plan payments while his appeal was pending resulted in the dismissal of his bankruptcy case. Therefore, the 10th ...
Judge(s): 
Gorsuch, Ebel, and O'Brien, Circuit Judges. Opinion by Ebel
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Messer v. Maney (In re Messer)

Citation: 
BAP No. AZ-13-1215-PaKuD
Ruling: 
In an unpublished opinion, the United States Bankruptcy Appellate Panel of the Ninth Circuit affirmed the holding of the United States Bankruptcy Court for the District of Arizona, finding that: a) the value of an annuity for purposes of analysis ...
Judge(s): 
Honorable Judge Jim D. Pappas, Honorable Judge Frank L. Kurtz and Honorable Judge Randall L. Dunn
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Dale v. Maney (In re Dale)

Citation: 
In Re Dale, 9th Cir. B.A.P., AZ-13-1251-DPaKu, (Feb. 5, 2014)
Ruling: 
In a published opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy court ruling that an inheritance received by the debtor, 180 days following the petition date but prior to confirmation of the debtor's chapter 13 plan, was an ...
Judge(s): 
DUNN, PAPPAS, and KURTZ,
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