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

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marked not for publication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In an unpublished opinion, the 9th Circuit B.A.P. affirmed the Bankruptcy Court's order dismissing for cause a reopened Chapter 11 case after the debtors failed to pay several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
Read on...

Rael v. Wells Fargo Bank (In re Rael)

Citation: 
Rael v. Wells Fargo Bank (In re Rael), BAP No. WY-14-035 (10th Cir. BAP February 27, 2015)
Ruling: 
Creditor did not violate the stay or the terms of the individual debtors' confirmed chapter 11 plan when it sought to enforce its preserved lien rights in state court rather than returning to the bankruptcy court.
Judge(s): 
Karlin, Somers, and Jacobvitz
Read on...

Valone v. Waage (In re Valone)

Citation: 
14-11457; D.C. Docket No. 2:13-cv-00171-SPC, Bkcy No. 9:12-bkc-02265-FMD
Ruling: 
The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's wildcard exemption to that debtor or those debtors. ...
Judge(s): 
Wilson, Fay, and Ripple, Circuit Judges
Read on...

In re Brooks

Citation: 
Case No. 14-2856
Ruling: 
The Seventh Circuit affirmed the district court's order affirming confirmation of the debtor's chapter 13 plan, holding that as a general matter an above-median debtor may categorically exclude child support payments from the calculation of "disposible income" under section 1325(b)(2) ...
Judge(s): 
Bauer, Flaum, Williams
Read on...

Baker Hughes Oilfield Operations, Inc. v. Morton (In the Matter of R.L. Adkins Co.)

Citation: 
Case No. 14-10768 (5th Cir. April 23, 2015)
Ruling: 
Appellant was not entitled to maintain its Section 1111(b) election because the confirmed plan provided for a sale of the appellant's collateral and appellant failed to provide notice of its intent to credit bid on the collateral.
Judge(s): 
REAVLEY, JONES, and ELROD, Circuit Judges.
Read on...

CA Franchise Tax Board v. Wilshire Courtyard (In re Wilshire Courtyard)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel, BAP No. CC-10-1275-SaPaki (April 7, 2015)
Ruling: 
Bankruptcy court order determining that characterization of transaction in confirmed plan was binding on taxing authority was reversed. Upon de novo review, bankruptcy court order determining that transaction was a restructure and not a sale, so the transaction resulted ...
Judge(s): 
Sargis, Pappas and Kirscher
Read on...

O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.)

Citation: 
O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.), 2015 WL 1528302 (8th Cir. BAP April 7, 2015)
Ruling: 
Bankruptcy Appellate Panel dismissed debtor's appeal from order confirming its third amended plan on grounds that the debtor did not have standing and the debtor's arguments were moot.
Judge(s): 
Kressel, Schermer, and Nail
Read on...

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...
Syndicate content