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Topic: Venue/Jurisdiction

Rindlesbach v. Jones (In re Rindlesbach)

Citation: 
Rindlesbach v. Jones, et al. (In re Rindlesbach), Case No. 15-4088 (10th Cir. August 30, 2016). Unpublished
Ruling: 
A person must be aggrieved by a bankruptcy court order to be able to seek appellate review of that order and to be aggrieved, that person’s rights or interests must be directly and adversely affected pecuniarily by the decree or ...
Judge(s): 
Hartz, O’Brien, Phillips
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In the Matter of Ferguson

Citation: 
In re Ferguson, No. 15-3093 (7th Cir. August 23, 2016) (unpublished)
Ruling: 
In the bankruptcy context, an appeal lacks jurisdiction when a case is remanded deciding only an issue without resolving the underlying dispute, because such decision is not final.
Judge(s): 
Shadid, Easterbrook, Rovner, and Hamilton.
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Rosenberg v DVI Receivables

Citation: 
No. 15-2622, 3d Cir. Aug. 29, 2016
Ruling: 
Section 303(i) of the Bankruptcy Code allows a former debtor to seek costs, attorneys' fees, and damages against a petitioning creditor, where a court dismisses an involuntary bankruptcy petition. The United States Court of Appeals for the Third Circuit ...
Judge(s): 
AMBRO, JORDAN and SCIRICA, Circuit Judges
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Diamond v. Vickery

Citation: 
Diamond v. Vickery, No. 15-1069 (10th CIr. AUgust 19, 2016)
Ruling: 
Determination as to dischargeability of debt was not yet final appealable order because of pending remand from district court as to other issues.
Judge(s): 
Kelly, Matheson, and Moritz
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Roberts v. TriPlanet Partners LLC et al.

Citation: 
15-2326
Ruling: 
The District Court properly exercised its discretion in entering (1) a default judgment in the amount of $8,136,222.60 as a discovery sanction against Defendants after two years of their repeated defiance of court orders and (2) finding that the Defendants ...
Judge(s): 
Straub, Wesley, Livingston
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Soames Lane Trust v. Gonzalez (In re Soames Lane Trust)

Citation: 
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. CC-16-1042-FDKu (Aug. 8, 2016)
Ruling: 
Judicial estoppel precluded a debtor that had argued in response to a motion to convert or dismiss its case that it was a business trust eligible to file for bankruptcy protection from subsequently arguing that the case should be dismissed ...
Judge(s): 
Faris, Dunn & Kurtz
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Flanders v. Lawrence (In re Flanders)

Citation: 
Flanders v. Lawrence, et al. (In re Flanders), Case No. 15-1327 (10th Cir. August 5, 2016) Unpublished
Ruling: 
The Rooker-Feldman doctrine bars a Federal Court from hearing claims that collaterally attack state court judgments but does not bar claims raised and decided in the State Court from being raised in the Federal Court as long as such claims ...
Judge(s): 
Briscoe, Bacharach, McHugh
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Lane v. Lane

Citation: 
Lane v. Lane, et al., Case No. 15-8092 (10th Cir. May 10, 2016).
Ruling: 
Claims of fraud against a bankruptcy estate are statutory causes of action belonging to the trustee, not to the bankrupt, and the trustee asserts them for the benefit of the bankrupt’s creditors, whose rights the trustee enforces. Since the ...
Judge(s): 
Lucero, Matheson, Bacharach (Lucero)
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Uberoi v. Supreme Court of Florida

Citation: 
--- F.3d ----, 15-12636 (11th Cir. Apr. 18, 2016)
Ruling: 
District court lacked subject matter jurisdiction over claim under section 525 of the Bankruptcy Code against Florida Supreme Court under Rooker-Feldman doctrine. Federal courts do not generally exercise jurisdiction over enforcement of state bar rules and appellant could have ...
Judge(s): 
Ed Carnes, Hull, and Marcus
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Mandel v. Mastrogiovanni Schorsch & Mersky, et al.

Citation: 
NOT FOR PUBLICATION - Slip Opinion Case No. 15-40864 (5th Cir. Mar. 7, 2016)
Ruling: 
REVERSED and REMANDED district court's dismissal (as moot) of an appeal of an order allowing claims against the bankruptcy estate, finding that debtor was "person aggrieved" by the bankruptcy court's claim allowance order. While a debtor-out-of-possession will "rarely have ...
Judge(s): 
Per Curiam (Stewart, Owen and Costa)
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