Thank you!

The ABI hopes that you have enjoyed using Volo and that it is beneficial to your practice. Beginning on April 23rd, 2014 the full Volo summaries, opinions and notifications will be available only for ABI members. If you are an ABI member you will simply need to log in to the Volo site with your ABI username and password in order to access Volo's full range of services. If you are not an member, you will still be able to search the site, but you will no longer receive full text of the summaries, opinions or valuable notifications. Becoming an ABI member is simple and inexpensive. Sign up for a free 30-day test drive membership, which will give you access to all of ABI's online research products, including ABI's invaluable search tool search.abi.org, the ABI Journal and MORE!! You can sign up for a trial membership here.

Topic: Venue/Jurisdiction

U.S.A. v. Bond

Citation: 
Docket No. 12-4803-bk (2d Cir. August 13, 2014)
Ruling: 
The bankruptcy court lacked subject matter jurisdiction to decide a tax refund claim because the liquidating trustee appointed pursuant to the Debtors' confirmed plan of reorganization did not constitute a "trustee" for purposes of satisfying the requirement of Section 505 ...
Judge(s): 
Jacobs, Sack, and Lohier
Read on...

Toste v. Smedberg (In re Toste)

Citation: 
In re Toste, No. EC-13-1266-TaJuKu (9th Cir. B.A.P. Aug. 12, 2014).
Ruling: 
A section 523(a)(6) action in a chapter 13 case is not ripe, and the bankruptcy court lacks jurisdiction, if the debtors have not yet sought a hardship discharge. (Not-for-publication memorandum.)
Judge(s): 
Laura S. Taylor, Meredith A. Jury, and Frank L. Kurtz, Bankruptcy Judges.
Read on...

Valley Health Systems Retirement Plan v. Kirton (In re Valley Health Systems)

Citation: 
Ninth Circuit Case No. 12-60019 (August 7, 2014) (Unpublished)
Ruling: 
"Related to" jurisdiction exists when there is a close nexus between the bankruptcy plan and a mandamus petition. A close nexus exists when resolution of mandamus petition requires court to interpret the bankruptcy plan and confirmation order to determine if ...
Judge(s): 
Pregerson and Wardlaw, Circuit Judges, and Burrell, Senior District Judge sitting by designation.
Read on...

Schultze v. Chandler, Sr.

Citation: 
9th Cir., August 1, 2014 (No. 12-15186)
Ruling: 
The Ninth Circuit amended its opinion dated July 18, 2014, at footnote 1, to state that it need not decide whether the bankruptcy court had the power to enter final judgment because the district court had conducted a de novo ...
Judge(s): 
Stephen S. Trott, Sidney R. Thomas,and Mary H. Murguia, Circuit Judges
Not worthy of a summary? Why?: 
This opinion amends the court's opinion dated July 18, 2014 only with respect to footnote 1
Read on...

Deitz v. Ford ( In re Dietz)

Citation: 
9th Cir. No. 12-60036 (July 28, 2014) (for publication)
Ruling: 
Adopting in full the BAP opinion, In re Deitz,469 B.R. 11 (B.A.P. 9th Cir. 2012), the 9th Cir. affirmed the judgment of the bankruptcy court excepting debt from discharge pursuant to Section 523 (a)(2), (4), and (6), and awarding money ...
Judge(s): 
Barry G. Silverman, William A. Fletcher, and Jay S. Bybee, Circuit Judges.
Read on...

Flying Pigs, Inc v. RRAJ Franchising, LLC

Citation: 
Flying Pigs, LLC v. RRAJ Franchising, LLC., 4th Cir. No.: 13-2135 (July 01, 2014), 2014 U.S. App. LEXIS 12404
Ruling: 
Vacated and remanded, via published opinion on July 01, 2014, to the Superior Court of Lenior County, North Carolina.
Judge(s): 
Judge Robert B. King, Judge Roger L. Gregory, and Judge Stephanie D. Thacker. Opinion by Judge King, in which Judge Gregory and Judge Thacker joined.
Read on...

Bullard v. Hyde Park Savings Bank (In re Bullard)

Citation: 
U.S.C.A., 1st Cir., No. 13-9009
Ruling: 
An intermediate appellate court's affirmance of a bankruptcy court's denial of confirmation of a reorganization plan is not a final order appealable under § 158(d)(1) so long as the debtor remains free to propose an amended plan.
Judge(s): 
Thompson, Stahl and Kayatta
Read on...

Cai v. Shenzhen Smart-In Industry Co., LTD

Citation: 
9th Cir. BAP, No. 12-56656
Ruling: 
The Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court’s determination that the creditors’ claims are excepted from discharge under 11 U.S.C. § 523(a)(2)(A). The BAP further determined that the bankruptcy court had the authority to enter a “dollar amount” ...
Judge(s): 
The Honorable Randall L. Dunn, the Honorable Ralph B. Kirscher, and the Honorable Jim D. Pappas
Read on...

C.P. Hall Co. v. Columbia Casualty Co.

Citation: 
C.P. Hall Co. v. Columbia Cas. Co., No. 13-1306, 2014 WL 1628119 (7th Cir. Apr. 24, 2014).
Ruling: 
The Court held that an excess liability insurer lacked standing to object to a settlement between a debtor and one of its primary insurance coverage providers. The Court followed its precedent to find that a party in interest authorized ...
Judge(s): 
Posner, Flaum, Rovner
Read on...

Goldstein v. Diamond (In re Diamond)

Citation: 
Goldstein v. Diamond (In re Diamond), Case No. 14-6001 (B.A.P. 8th Cir. Apr. 22, 2014)
Ruling: 
A plaintiff filing a complaint objecting to discharge under 11 U.S.C. Sec. 523(a)(3)(B) is not required to move to reopen the underlying bankruptcy case. A bankruptcy court's jurisdiction arises from 28 U.S.C. Sec. 1334 and does not terminate simply ...
Judge(s): 
Federman, Kressel, and Saladino
Read on...
Syndicate content