Topic: Venue/Jurisdiction

Tze Wung Consultants, Ltd v. Bank of Baroda (In re Indu Craft, Inc)

Citation: 
12-3901-cv
Ruling: 
In bankruptcy matters, the 30-day time limit incorporated through Federal Rule of Appellate Procedure 6(b)(1) is a non-jurisdictional claim-processing rule under which an untimely appeal can proceed to the merits of the other party does not object. Precedent of ...
Judge(s): 
Hall, Livingston and Droney
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Heatherwood Holdings, LLC v. HGC, Inc. (In re Heatherwood Holdings, LLC)

Citation: 
No. 12-16020 (11th Cir. Mar. 27, 2014)
Ruling: 
First, the defendant-mortgagee was a "person aggrieved" and therefore possessed Article III standing to appeal district court's affirmance of bankruptcy court's ruling that the mortgagee's property was restricted to use as a gof course. Second, the bankruptcy court correctly held ...
Judge(s): 
Chief Judge Carnes, Circuit Judge Tjoflat and U.S. District Judge Marra (Southern District of Florida)
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In re Bishop

Citation: 
In re Bishop, No. 13-3805 (3d Cir. Mar. 21, 2014) (unpublished) (per curiam)
Ruling: 
State court judgment may not be appealed to bankruptcy court because bankruptcy court lacks jurisdiction to review the merits of a state court proceeding.
Judge(s): 
Fuentes, Greenberg, and Van Antwerpen
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BP RE, L.P. v. RML Waxachie Dodge, L.L.C.

Citation: 
No. 12-51270, Consolidated with No. 12-51279
Ruling: 
In the en banc poll, 6 judges voted in favor of rehearing (Chief Judge Stewart and Judges Jolly, Davis, Dennis, Graves, and Higginson, and 8 judges voted against rehearing (Judges Jones, Smith, Clement, Prado, Owen, Elrod, Southwick, and Haynes).
Judge(s): 
Before SMITH, GARZA, and SOUTHWICK, Circuit Judges.
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Hope 7 Monroe Street LP v. Riaso, LLC (In the Matter of Hope 7 Monroe Street LP)

Citation: 
Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]
Ruling: 
The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the bankruptcy court to deny, appellants, Hope 7's motion ...
Judge(s): 
Ginsburg, Henderson and Brown
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The Cadle Company v. Moore (In the Matter of Moore)

Citation: 
No. 13-10325, 2014 U.S. App. LEXIS 470 (5th Cir. Jan. 9, 2014)
Ruling: 
The Fifth Circuit reversed the District Court, vacated the order of dismissal and remanded to the Bankruptcy Court because the evidence was insufficient to warrant dismissal for abuse of judicial process. The Fifth Circuit reasoned that neither imputed bad faith ...
Judge(s): 
Hon. Emilio M. Garza, Hon. W. Eugene Davis and Hon. James L. Dennis
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Marshall v. Picard (In re Bernard L. Madoff Investment Securities LLC)

Citation: 
Docket No. 12-1645 (2d Cir. Jan. 13, 2014)
Ruling: 
AFFIRMING the district court’s order, which affirmed the bankruptcy court’s approval of a settlement agreement and issuance of a permanent injunction that had the effect of enjoining the Appellants’ state law tort actions, the Court of Appeals for the Second ...
Judge(s): 
Cabranes, Raggi, and Carney (Circuit Judges)
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Chionis v. Starkus (In re Chionis)

Citation: 
In Re Chionis, 9th Cir. B.A.P., CC-12-1501-KuBaPa (Dec 27, 2013) [NOT FOR PUBLICATION]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel UPHELD part of the bankruptcy court finding that Creditor Appellee (Starkus) violated the bankruptcy discharge and the discharge injunction by bringing a suit in small claims court to recover a ...
Judge(s): 
KURTZ, BALLINGER and PAPPAS,
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Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet)

Citation: 
Docket No. 13-612 (2d Cir. Dec. 11, 2013)
Ruling: 
VACATING bankruptcy court’s order and REMANDING for further proceedings, the Court of Appeals for the Second Circuit held that 11 U.S.C. § 109(a) applies to the debtor in a foreign main proceeding under Chapter 15 of the Bankruptcy Code.
Judge(s): 
Jacobs, Straub (Circuit Judges), and Kuntz (District Judge sitting by designation)
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Sapere Wealth Mgmt LLC v. MF Global Holdings Ltd. (In re MF Global Holdings Ltd.)

Citation: 
No. 12-4254-bk (2d Cir. Dec. 6, 2013) (Summary Order)
Ruling: 
Affirming District Court's judgment, dismissing Appellants' appeal from the Bankruptcy Court's order for lack of jurisdiction on the basis that the Bankruptcy Court's order was interlocutory rather than final, because it did not foreclose Appellants' ability to continue to assert ...
Judge(s): 
Walker, Cabranes, Lohier
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