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Topic: Plan Confirmation

Andover Covered Bridge, LLC v. Harrington

Citation: 
Bankruptcy Case No. 15-20489-PGC, BAP No. EP 16-005
Ruling: 
AFFIRMED.
Judge(s): 
Feeney, Godoy and Harwood
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Picerne Construction Corp. v. Castellino Villas, A.K.F. LLC (in re Castellino Villas, A.K.F. LLC)

Citation: 
In re Castellino Villas, A.K.F. LLC, No. 12-57186 (9th Cir. Sep. 6, 2016). Published.
Ruling: 
A chapter 11 debtor that continues after plan confirmation to defend a creditor’s prepetition lien-enforcement action has not “returned to the fray,” and the creditor’s postpetition attorney-fee claim is discharged.
Judge(s): 
Michael J. Melloy, Senior Circuit Judge for the Eighth Circuit Court of Appeals, and Jay S. Bybee and Sandra S. Ikuta, Ninth Circuit Judges. Opinion by Judge Ikuta.
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Sanders v. Cohen (In re Sanders)

Citation: 
Sanders v. Cohen (In re Sanders), Case No. CC-15-1284-FKiKu (9th Cir. BAP Jul. 15, 2016) (unpublished)
Ruling: 
Bankruptcy court afforded chapter 13 debtor adequate notice and an opportunity to be heard; thus, bankruptcy court's dismissal of debtor's case did not violate his due process rights and is affirmed.
Judge(s): 
Faris, Kirscher, Kurtz
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Fla. Agency for Health Care Admin. v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC)

Citation: 
Florida Agency for Health Care Administration, United States of America v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC), Case No. 15-13731 (11th Cir. July 11, 2016).
Ruling: 
The Eleventh Circuit held that the bankruptcy court erred as a matter of law when it exercised subject matter jurisdiction over certain provider agreements. By virtue of Medicare’s jurisdictional bar provided by 42 U.S.C. § 405(h), the bankruptcy court ...
Judge(s): 
Hull, Carnes, and Clevenger, Circuit Judges
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Freif & Co. v. Shapiro, et al. (In re Western Funding Inc.)

Citation: 
-- F.3d -- (9th BAP 2016)
Ruling: 
The Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the Chapter 11 Liquidating Trustee's ("Trustee") proposed settlement related to pre-petition transfers. The BAP determined that based on the confirmed Chapter 11 Plan and terms of the Liquidating ...
Judge(s): 
Honorable DUNN, FARIS and BARASH.
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Capital Options, LLC v. Loomis, et al. (In re Capital Options, LLC)

Citation: 
BAP Nos. AZ-15-1165, 1166, 11167-JuKuJa (May 27, 2016) (unpublished) (3 related appeals)
Ruling: 
Bankruptcy court properly ruled that Chapter 11 debtor's alleged 50% interest in an LLC was based upon a breach of an alleged oral agreement, which claim was time-barred under CCP Section 339's 2-year statute of limitations. Accordingly, the Debtor's ...
Judge(s): 
JURY, KURTZ, and JAIME, Bankruptcy Judges.
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In re Beltway One Development Group, LLC

Citation: 
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. NV-14-1564-KiDJu
Ruling: 
If an oversecured creditor is impaired under the plan, the creditor is presumptively entitled to interest at the contractual default rate from the petition date through the plan effective date if the creditor is entitled to such interest under applicable ...
Judge(s): 
Kirscher, Dunn and Jury
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Anderson, et al. v. Logan

Citation: 
No. 15-1505, (4th Cir. Apr. 27, 2015)
Ruling: 
Chapter 13 plan that provided for payment of pre-petition arrears and post-petition payments for primary residence at non-default interest rate violated the non-modification provision of section 1322(b)(5). Default interest rate applied for all payments accrued and accruing after pre-petition ...
Judge(s): 
Before WILKINSON and NIEMEYER, Circuit Judges, and David C. NORTON, United States District Judge for the District of South Carolina, sitting by designation. Judge Wilkinson wrote the opinion, in which Judge Niemeyer and Judge Norton joined.
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Chagolla, et al. v. JP Morgan Chase Bank, N.A. (In re Chagolla)

Citation: 
no official cite as of yet
Ruling: 
The Bankruptcy Appellate Panel for the Ninth Circuit reversed the bankruptcy court's denial of the Debtors' unopposed valuation motion that was filed postdischarge after the Debtors completed their plan payments. The BAP held that the motion was timely and ...
Judge(s): 
BAP Judges JURY and KURTZ and Bankruptcy Judge WASLEE (sitting by designation)
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In re Bratt

Citation: 
16b0002p.06 Nos. 15-8009/8010
Ruling: 
Trial court held that Tennessee statute governing penalties on delinquent tax debt applicable only to claims in bankruptcy cases was unconstitutional as a violation of the Supremacy Clause. Panel affirmed trial court decision on other grounds holding that statute governing ...
Judge(s): 
Delk, Opperman and Wise
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