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

State of Mich. Workers' Comp. Ins. Agency v. ACE Am. Ins. Co. (In re DPH Holdings Corp.)

Citation: 
No. 13-3305-bk (Summary Order)
Ruling: 
Second Circuit did not have jurisdiction to review the district court's permissive abstention decision. Regarding mandatory abstention, there was no evidence of abuse of discretion to require abstention under Buford v. Sun Oil Co., 319 U.S. 315 (1943). ...
Judge(s): 
Livingston, Droney and Nathan (S.D.N.Y. sitting by designation).
Read on...

TMT Procurement Corp v. Vantage Drilling Co. (In the Matter of TMT Procurement Corp)

Citation: 
No. 13-20622 (5th Cir. Sep. 3, 2014)
Ruling: 
Vacating and remanding three district court orders and two bankruptcy court orders, the Fifth Circuit held that both courts lacked subject matter jurisdiction to enter various orders affecting both pending litigation between two nondebtor entities and several million shares of ...
Judge(s): 
Higginbotham, Davis, and Haynes.
Read on...

Mastro v. Rigby

Citation: 
Mastro v. Rigby, Case No. 13-35209 (9th Cir. Aug. 22, 2014)
Ruling: 
REVERSED and REMANDED district court's dismissal of appeal under fugitive disentitlement doctrine with instructions to consider merits of appeal from bankruptcy court's judgment of fraudulent transfer.
Judge(s): 
Arthur L. Alarcon, A. Wallace Tashmina, and Mary H. Murguia. Opinion by Judge Tashmina.
Read on...

R. Galaz v. L. Galaz (In the Matter of L. Galaz)

Citation: 
Case No. 13-50781 c/w 13-50783 (5th Cir. August 25, 2014)
Ruling: 
VACATED and REMANDED by 5th Circuit. Subject matter jurisdiction is reviewed de novo. Held that Debtor's claim was indeed "related to" the bankruptcy case because it could increase the estate but the bankruptcy court did not have the constitutional authority ...
Judge(s): 
Higginbotham, Jones, and Prado, Circuit Judges
Read on...

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...
Syndicate content