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Topic: Venue/Jurisdiction

Sullivan v. Harnisch (In re Sullivan)

Citation: 
Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]
Ruling: 
In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case because the appellant filed the bankruptcy petition in bad faith. The appellate ...
Judge(s): 
TAYLOR, DUNN, and KIRSCHER, Bankruptcy Judges.
Read on...

In re E.C. Morris Corp

Citation: 
14 FED App 0010P (6th Cir)
Ruling: 
Where the court lacks subject matter jurisdiction, an order denying a Motion to Enforce Order Approving Compromise of Claims is appropriate.
Judge(s): 
Harrison, Humphrey, Lloyd.
Read on...

Bavelis v. Doukas (In re Bavelis)

Citation: 
Docket No. 14-3067; File name 14a0284p.06
Ruling: 
Affirming the decision of the Bankruptcy Appellate Panel (which affirmed the Bankruptcy Court), the Sixth Circuit Court of Appeals rules that the Bankruptcy Court had constitutional authority to enter a judgment sustaining an objection to the proof of claim filed ...
Judge(s): 
Batchelder, Gilman and Gibbons; opinion by Gilman
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Biltcliffe v. Citimortgage, Inc.

Citation: 
First Circuit Case No. 14-1043
Ruling: 
District court's decision denying reconsideration of summary judgment in favor of Citimortgage affirmed.
Judge(s): 
Howard, Selya and Stahl (author).
Read on...

Richardson v. Koch Law Firm, P.C.

Citation: 
Richardson v. Koch Law Firm, P.C No. 12-3868
Ruling: 
Court of Appeals Holding: Since the State Court vacated the initial default judgment, justification for the District Court’s dismissal under Rooker-Feldman no longer exists. Additionally, Richardson has been entirely derelict in his own defense. He has failed on several ...
Judge(s): 
Chief Judge Wood; Judge Easterbrook; Judge Sykes
Read on...

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.
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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...
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