Topic: Venue/Jurisdiction

Grossman v. The Belridge Group (In re Lothian Oil, Inc.)

Summarized by Omid Moezzi, Nancy Curry Chapter 13 Trustee 1 week 2 days ago

5th Circuit, 11 U.S.C. § 105, Fraud, Plan Confirmation, Venue/Jurisdiction, Fraudulent Transfers, Bankruptcy Litigation

Citation:

5th Cir. Court of Appeal - Case No 1151073 (May 8, 2013)

Ruling:

AFFIRMED in part and reverse in part the district court's decision. Further, a remand with instruction to clarify whether an isolated claim in the earlier state-court action can proceed. Additionally, the court found that the bankruptcy court did not err ...

Judge(s):

King, Higginbotham, and Clement.

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Pinpoint IT Services, LLC v. Atlas IT Export, LLC (In re Atlas IT Export, LLC)

Summarized by David Baker, Law Office of David G. Baker 3 weeks 6 days ago

1st Circuit, Automatic Stay, Venue/Jurisdiction, Practice and Procedure

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Citation:

1st Cir. BAP No. PR 12-073

Ruling:

The appeal was dismissed for lack of standing on the part of the appellant since it could not demonstrate that it was in any way "aggrieved" by the bankruptcy court's grant of relief from the automatic stay

Judge(s):

Haines (author), Feeney and Hoffman.

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Pineda v. Bank of America, N.A. (In re Pineda)

Summarized by Margreta Morgulas, Stutman, Treister & Glatt PC 4 weeks 13 hours ago

9th Circuit, Federal Rule 8001, Federal Rule 8002, Federal Rule 7007.1, Venue/Jurisdiction, Consumer Bankruptcy, Bankruptcy Litigation, Practice and Procedure

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Citation:

BAP No. EC-11-1719-MkDJu (B.A.P. 9th Cir., April 23, 2013)

Ruling:

The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeal ("9th Cir. BAP") affirmed the Bankruptcy Court order abstaining from exercising jurisdiction over a Chapter 7 debtor's ("Debtor") adversary proceeding, which was commenced after the Chapter 7 trustee ("Trustee") ...

Judge(s):

Bankruptcy Judges Markell, Dunn and Jury

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EVOQ Properties, Inc. v. Maddux (In re Meruelo Maddux Properties, Inc.)

Summarized by Elie Ian Herman, Pace Law School 4 weeks 1 day ago

9th Circuit, 11 U.S.C. § 502, Federal Rule 3001, Federal Rule 3008, Federal Rule 8006, Federal Rule 9023, Claims, Venue/Jurisdiction, Corporate Governance

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Citation:

No. CC-12-1479-TaPaKi (9th Cir. B.A.P., April 15, 2013).

Ruling:

Affirms ruling of the bankruptcy court on all three issues.

Judge(s):

Taylor, Pappas, and Kirscher.

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Hernandez v. Hopper (In re Hernandez)

Summarized by Omid Moezzi, Nancy Curry Chapter 13 Trustee 5 weeks 2 days ago

9th Circuit, 11 U.S.C. § 541, 11 U.S.C. § 542, Claims, Valuation, Financial Advisors, Venue/Jurisdiction, Personal Bankruptcy Topics, Bankruptcy Process and Procedure

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Citation:

9th Cir. (Bankruptcy Appellate Panel) April 11, 2013 Case No. EC-12-1537-DJuMk (NOT FOR PUBLICATION).

Ruling:

AFFIRMING the bankruptcy court's order which sustained the chapter 7 trustee's objection to debtors' claim of exemptions.

Judge(s):

Dunn, Jury and Markell.

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Bourgeois v. Bank of America (In re Bourgeois)

Summarized by Shara Cornell, U.S. Bankruptcy Court, Eastern District of Virginia 6 weeks 1 day ago

8th Circuit, 11 U.S.C. § 109, Federal Rule 8001, Federal Rule 8002, Federal Rule 8015, Federal Rule 8019, Federal Rule 9006, Federal Rule 9023, Federal Rule 9024, Venue/Jurisdiction, Consumer Bankruptcy, Practice and Procedure

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Citation:

Bourgeois v. Bank of America (In re Bourgeois), No. 12-6056 (8th Cir. BAP March 22, 2013)

Ruling:

Incarceration was not an exigent circumstance and Debtor did not meet the standard for a Motion for Relief from Final Judgment, Order or Proceeding under FRCP 59(e) and FRBP 9023.

Judge(s):

Chief Judge Federman, Judge Saladino, Judge Nail

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Arroyo v. Scotiabank de Puerto Rico (In re Arroyo)

Summarized by William Amann, Craig, Deachman & Amann, PLLC 7 weeks 1 day ago

1st Circuit, 11 U.S.C. § 362, 11 U.S.C. § 727, Federal Rule 8001, Mortgage, Automatic Stay, Venue/Jurisdiction, Consumer Bankruptcy, Bankruptcy Litigation, Discharge/Dischargeability, Personal Bankruptcy Topics, Bankruptcy Process and Procedure

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Citation:

BAP No. PR 12-045

Ruling:

Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the appealed order adversely affected his discharge.

Judge(s):

Haines, Feeney and Hoffman

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Rajala v. Gardner

Summarized by Lars Fuller, Baker & Hostetler LLP 10 weeks 2 days ago

10th Circuit, 11 U.S.C. § 362, 11 U.S.C. § 541, 11 U.S.C. § 544, 11 U.S.C. § 548, Claims, Automatic Stay, Commercial Fraud, Venue/Jurisdiction, Fraudulent Transfers, Bankruptcy Litigation

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Citation:

Rajala v. Gardner, et al., No. 12-3113 (10th Cir. March 12, 2013)

Ruling:

The Tenth Circuit affirmed the U.S. District Court's (Kansas) order granting motions to distribute funds held in escrow to two non-debtor parties over the objection of the Chapter 7 trustee, who claimed the funds. The trustee claimed the funds ...

Judge(s):

Kelly, Murphy, and Tymkovich

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Timco, LLC v. T and M Sales Agency, Inc. (In re Timco, LLC)

Summarized by James E. Bailey III, Butler Snow O'Mara Stevens & Cannada PLLC 18 weeks 1 day ago

6th Circuit, 11 U.S.C. § 362, Automatic Stay, Venue/Jurisdiction, Bankruptcy Litigation, Alternative Dispute Resolution

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Citation:

13a0063n.06

Ruling:

Appeal of bankruptcy court's decision remanding case removed state court action to confirm arbitration award which was affirmed by district court was unreviewable by the court of appeals under 28 U.S.C. § 1334(d). Appeal of order granting relief from automatic ...

Judge(s):

Guy, Sutton and Cook

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State of Montana v. Blixseth (In re Blixseth)

Summarized by Joel Newell, Lane & Nach, P.C. 22 weeks 1 day ago

9th Circuit, 11 U.S.C. § 303, Federal Rule 1014, Venue/Jurisdiction

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Citation:

BAP No. NV-11-1305-PaJuH; Bk. No. 11-15010

Ruling:

The majority opinion ruled that by using the "context-specific" analysis based on the Nevada Statutes the involuntary bankruptcy case is viewed in the same context as a creditor seeking a charging order pursuant to Nevada Statute. The majority further ...

Judge(s):

Pappas, Jury, and Hollowell

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Topic: Venue/Jurisdiction

Grossman v. The Belridge Group (In re Lothian Oil, Inc.)

Pinpoint IT Services, LLC v. Atlas IT Export, LLC (In re Atlas IT Export, LLC)

Pineda v. Bank of America, N.A. (In re Pineda)

EVOQ Properties, Inc. v. Maddux (In re Meruelo Maddux Properties, Inc.)

Hernandez v. Hopper (In re Hernandez)

Bourgeois v. Bank of America (In re Bourgeois)

Arroyo v. Scotiabank de Puerto Rico (In re Arroyo)

Rajala v. Gardner

Timco, LLC v. T and M Sales Agency, Inc. (In re Timco, LLC)

State of Montana v. Blixseth (In re Blixseth)

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