The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

Topic: Venue/Jurisdiction

Moses v. Cashcall, Inc.

Citation: 
Moses v. Cashcall, Inc., 2015 U.S. App. LEXIS 4098 (4th Cir. 2015)
Ruling: 
Affirmed in part, reversed in part, and remanded with instructions by per curiam opinion: "This bankruptcy appeal presents the issue of whether two claims, one for declaratory relief and one for money damages, asserted by debtor Oteria Moses in an adversary ...
Judge(s): 
Before: Circuit Judges Paul v. Niemeyer and Roger L. Gregory, and Senior Circuit Judge Andre M. Davis
Read on...

Houston v. Queen

Citation: 
Case: 14-30512
Ruling: 
Under Fifth Circuit jurisprudence, the Rooker–Feldman doctrine barred Plaintiffs' action as they were (1) state-court losers; (2) alleging harm caused by a state-court judgment; (3) that was rendered before the district court proceedings began; and (4) requesting review and reversal ...
Judge(s): 
Before SMITH, PRADO, and OWEN, Circuit Judges.
Read on...

Civic Partners Sioux City, LLC v. Main Street Theaters, Inc. (In re Civic Partners Sioux City, LLC)

Citation: 
No. 13-3636 (8th Cir. Mar. 3, 2015).
Ruling: 
The Court of Appeals lacks jurisdiction over appeals from non-final orders of the Bankruptcy Appellate Panel. In particular, an order denying confirmation of a chapter 11 plan of reorganization is interlocutory, and therefore nonappealable. Appeal dismissed.
Judge(s): 
Murphy, Smith, and Gruender.
Read on...

Kitron; Angello v. Valley Health System (In re Valley Health System)

Citation: 
Kitron, et al. v. Valley Health System (In re Valley Health System), BAP No. CC-11-1100-DPaTa (BAP 9th Cir. Feb. 24, 2015)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court dismissing under Rule 12 suit commenced by creditors against chapter 9 debtor and other parties. BAP agreed that appellants' suit failed to state claim upon which ...
Judge(s): 
Dunn, Pappas, Taylor
Read on...

Iqbal v. Patel

Citation: 
iqbal v. Patel, __ F.3d __, 2015 WL 859541 (7th Cir. March 2, 2015)
Ruling: 
Finding that the Rooker-Feldman doctrine did not preclude pursuit of the plaintiff's claims, the Seventh Circuit Court of appeals reversed the district court's dismissal of a civil racketeering complaint.
Judge(s): 
Easterbrook, Rovner, and Sykes
Read on...

Velasquez v. Bank of America (In re Velasquez)

Citation: 
NC-14-1237-TaPaJu (9th Cir. BAP February 24, 2015) Unpublished
Ruling: 
The dismissal of the administrative bankruptcy case did not automatically divest the bankruptcy court of jurisdiction. The bankruptcy court applied to correct legal standard to determine whether to retain jurisdiction by considering the economy, convenience, fairness, and equity. ...
Judge(s): 
TAYLOR, PAPPAS, and JURY, Bankruptcy Judges
Read on...

Baker v. Baker (In the Matter of Baker)

Citation: 
No. 14-10569 (non-precedential)
Ruling: 
Fifth Circuit AFFIRMED lower courts' rulings that bankruptcy court could exercise jurisdiction to interpret and enforce its own prior sale order. District Court further did not commit err by affirming bankruptcy court's denial of the motion to amend a ...
Judge(s): 
KING, DAVIS, and OWEN (per curiam)
Read on...

JWL Entertainment Group, Inc. v. Fisher Island Ltd. (In re Fisher Island Investments, Inc; In re Little Rest Twelve Inc.; and In re Mutual Benefits Offshore Fund, Ltd..)

Citation: 
JWL Entertainment Group, Inc. v. Fisher Island Ltd. (In re Fisher Island Investments, Inc; In re Little Rest Twelve Inc.; and In re Mutual Benefits Offshore Fund, Ltd..), Case No. 12-15595 (11th Cir. Feb. 20, 2015) .]
Ruling: 
In five consolidated appeals involving a dispute as to the ownership of three related involuntary bankruptcy debtors, the Eleventh Circuit affirmed the District Court’s (i) denial of the Zeltser Group’s motion to withdraw the reference of the alleged debtors’ Fisher ...
Judge(s): 
HULL, JULIE CARNES and WALKER (Hon. John Walker, Jr., U.S. Circuit Judge for the Second Circuit, sitting be designation).
Read on...

Eugenio v. Continental Pacific, LLC (In re Eugenio)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel, No. HI-13-1459-KuJuKi (February 5, 2015)
Ruling: 
Order affirming ruling denying motion for reconsideration pursuant to FRCP 60(b) and FRBP 9024 of order granting summary judgment. The BAP rejected arguments that the proceeding was improperly removed from state court and that the state court's prior ruling ...
Judge(s): 
Kurtz, Jury and Kirscher
Read on...

Kirschenbaum v. U.S. Dept. of Labor (In the Matter of Robert Plan Corp.)

Citation: 
No. 14-1144 (2d Cir.) (Feb. 5, 2015)
Ruling: 
Although the trustee is required to administer the debtor corporation's ERISA plan under 11 U.S.C. 704(a)(11), the bankruptcy court lacks jurisdiction to award compensation from the assets of the plan to the trustee and his professionals for services performed administering ...
Judge(s): 
Katzman, Lohier & Droney
Read on...
Syndicate content