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Topic: Venue/Jurisdiction

Lynch v. Malloy, III (In re Lynch)

Citation: 
Lynch v. Malloy, III, (In re Lynch), Case No. 15-054 (BAP 10th Cir. January 20, 2016). Published.
Ruling: 
The BAP has jurisdiction to hear appeals from an order entered in bankruptcy courts if the order finally disposes of discrete disputes within the larger case.
Judge(s): 
Karlin, Jacobvitz, Mosier
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Anderson v. Seven Falls Co.

Citation: 
Anderson v. Seven Falls Co., Case No. 14-1515 (10th Cir. December 31, 2015). Unpublished.
Ruling: 
A chapter 7 trustee’s recovery in an estate's personal injury lawsuit is limited to the amount needed to satisfy creditors’ claims and trustee’s fees and expenses. Determination of the trustee’s fees and expenses may not be merely a collateral ...
Judge(s): 
Briscoe, Lucero, McHugh
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Ullrich v. Welt (In re NICA Holdings, Inc.)

Citation: 
Ullrich v. Welt (In re NICA Holdings, Inc.), — F.3d —, No. 14-14685 (11th Cir. Dec. 17, 2015)
Ruling: 
The Eleventh Circuit held that the assignee under Florida’s Assignment for the Benefit of Creditors statute could not place an assignor entity into bankruptcy without specific authority. Further, the appellant’s appeals from the bankruptcy court’s orders approving settlements between ...
Judge(s): 
Carnes, Chief Judge, Martin, Circuit Judge, and Walter, District Judge (sitting by designation)
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Collins v. Sidharthan (In the Matter of KSRP, Ltd.)

Citation: 
--- F.3d ---, Case No. 14-41226 (5th Cir. Dec. 15, 2015)
Ruling: 
AFFIRMED district court's "take nothing" judgment, concluding that "related to" jurisdiction existed over suit between non-debtor parties, because the non-debtor defendant's indemnity claim against the debtor (though not ultimately meritorious) had a conceivable impact on the bankruptcy estate. In ...
Judge(s): 
Haynes, Jolly and Costa
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Sahagun, et al. v. Landmark Fence Company, Inc. (In re Landmark Fence Company, Inc.)

Citation: 
James Sahagun and Gerardo Garcia v. Landmark Fence Company, Inc. (In re Landmark Fence Company, Inc.) --- F.3d --- (9th C.A. September 11, 2015)
Ruling: 
Pursuant to Fed.R.App.P., Rule 34(a)(2), the Ninth Circuit Court of Appeal Panel unanimously agreed this case was suitable for decision without oral argument. Based on prior case law in the Ninth Circuit, the Panel determined that to assess jurisdiction ...
Judge(s): 
Stephen Reinhardt, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges
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In re Tribune Media Company

Citation: 
In re Tribune Media Company, Case Nos. 14-3332 and 14-3333 (3d Cir. August 19, 2015)
Ruling: 
The Court determined that Aurelius’s appeal, which would undo a crucial component of the plan, the settlement of LBO related causes of action that were the economic underpinning of the plan upon which creditors had relied, was equitably moot. The ...
Judge(s): 
AMBRO, VANASKIE, and SHWARTZ, Circuit Judges
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Richer v. Morehead

Citation: 
7th Cir. No. 14-2618 (Aug. 11, 2015)
Ruling: 
The 7th Circuit affirmed the District Court (N.D. Ill.), finding that the creditor (Morehead) converted his participation interest in commercial real estate owned by a trust controlled by one of the debtors (Richer) to a demand note in a timely ...
Judge(s): 
Posner, Kanne, and Hamilton, Circuit Judges
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Official Committee of Unsecured Creditors of Bulk Petroleum Corp. v. Kentucky Dept. of Rev.

Citation: 
Official Committee of Unsecured Creditors of Bulk Petroleum Corp., et al., Bank of Sun Prairie v. Kentucky Department of Revenue, Court of Appeals, 7th Circuit (July 31, 2015)
Ruling: 
Kentucky’s excise tax on commercial sale of motor fuel is to be paid by the receiving party, no matter who is doing the collection of the tax. Actual receipt of the fuel occurs at the moment the gasoline is ...
Judge(s): 
Wood, Easterbrook, Hamilton
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Loveridge v. Hall (In re Renewable Energy Dev. Corp.)

Citation: 
Loveridge v. Hall, et al. (In re Renewable Energy Dev. Corp.), Case No. 14-4001 (10th Cir. July 10, 2015). Published.
Ruling: 
Parties have the Constitutional right to have an Article III judge make a final judgment when plaintiff seeks recovery only under state law and when none of the claims necessarily involve the claims allowance process and the District Court cannot ...
Judge(s): 
Tymkovich, Gorsuch, Phillips (Gorsuch)
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Charbono v. Sumski (In re Charbono)

Citation: 
14-2151
Ruling: 
District court's order affirmed. The modest sanction that was imposed was well within the bankruptcy court's inherent powers and did not amount to a criminal sanction.
Judge(s): 
Howard, Selya (author) and Kayatta
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