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Topic: Plan Confirmation

JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Prop. Inc. (In re Transwest Resort Prop. Inc.)

Citation: 
Ninth Circuit Court of Appeals Case No. 12-17176 (July 1, 2015)
Ruling: 
The Ninth Circuit Court of Appeals reversed and remanded the district court's decision dismissing on equitable mootness grounds an appeal from bankruptcy court's order confirming a chapter 11 plan of reorganization. The Ninth Circuit reaffirmed that equitable mootness is ...
Judge(s): 
Honorable J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges
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Adler v. Frost (In the Matter of Gulf States Long Term Acute Care of Covington, L.L.C.)

Citation: 
No. 14-31109 (5th Cir. June 11, 2015) - Designated not for publication
Ruling: 
Affirmed.
Judge(s): 
HIGGINBOTHAM, DAVIS, and SOUTHWICK Per Curiam
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Young v. Young (In re Young)

Citation: 
2015 WL 3756720
Ruling: 
Eighth Circuit affirmed bankruptcy court's imposition of sanctions on debtor's counsel for mischaracterizing post-petition alimony as pre-petition and for certifying that the debtor was current on alimony payments when she knew that the debtor was not current. Because of counsel's ...
Judge(s): 
Loken, Melloy, and Gruender
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Charbono v. Sumski (In re Charbono)

Citation: 
14-2151
Ruling: 
District court's order affirmed. The modest sanction that was imposed was well within the bankruptcy court's inherent powers and did not amount to a criminal sanction.
Judge(s): 
Howard, Selya (author) and Kayatta
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Auyeung v. Christensen (In re Auyeung)

Citation: 
In re Auyeung, BAP No. EC-14-1382-JuKuPa (9th Cir. B.A.P. June 9, 2015).
Ruling: 
Judicial estoppel barred chapter 13 debtors from avoiding a judicial lien on their homestead. In a prior chapter 13 case, they failed to comply with a confirmed plan requiring them to sell the homestead and pay the judgment lien. Not-for-publication ...
Judge(s): 
Meredith A. Jury, Frank L. Kurtz, and Jim D. Pappas, Bankruptcy Judges.
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Mohammed v. Great Atlantic & Pacific Tea Co., Inc.

Citation: 
Case No. 14-3415 (2d Cir. June 10, 2015)
Ruling: 
In Mohammed v. Great Atlantic & Pacific Tea Company, Inc., the Court of Appeals for the Second Circuit affirmed the decision of the United States District Court for the Southern District of New York granting Defendant-Appellee Great Atlantic & Pacific ...
Judge(s): 
Wesley, Hall, and Lohier
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Villalon v. Burchard (In re Villalon)

Citation: 
Villalon v. Burchard (In re Villalon), Case No. 14-1414 (9th Cir. B.A.P. May 22, 2015) (unpublished).
Ruling: 
The bankruptcy court did not abuse its discretion in dismissing Debtor's chapter 13 case, as Debtor imposed prejudicial, unreasonable delay on a creditor and failed to make timely payments.
Judge(s): 
Kirscher, Taylor, and Dunn.
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Seifert v. Carlson (In re Seifert)

Citation: 
Seifert v. Carlson (In re Seifert), _ B.R. _, 2015 WL 3404317 (8th Cir. BAP May 22, 2015)
Ruling: 
As the dispute over a chapter 12 debtor's exemption claim as to crop proceeds was not rendered moot by payment of those proceeds to a secured lender, the matter was reversed and remanded for further proceedings.
Judge(s): 
Federman, Nail, and Shodeen
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Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.)

Citation: 
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling: 
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and safeguards of the plan confirmation or ...
Judge(s): 
Hardiman, Scirica, and Barry, Circuit Judges
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Warren v. Young (In re Warren)

Citation: 
marked not for publication
Ruling: 
In an unpublished opinion, the 9th Circuit B.A.P. affirmed the Bankruptcy Court's order dismissing for cause a reopened Chapter 11 case after the debtors failed to pay several creditors despite paying other creditors during the 4 plus years following plan ...
Judge(s): 
Pappas, Jury, Kurtz
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