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Topic: Venue/Jurisdiction

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
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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
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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NC-14-1237-TaPaJu (9th Cir. BAP February 24, 2015) Unpublished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
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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No. 14-10569 (non-precedential)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)
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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).
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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
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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
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In re Sweports, Ltd.

Citation: 
No. 14-2423 (8th Cir. Jan. 9, 2015).
Ruling: 
Dismissal of a bankruptcy case does not divest the bankruptcy court Rather, a bankruptcy court retains ancillary jurisdiction to “tie up loose ends,” such as to rule on an application for allowance of fees under 11 U.S.C. ...
Judge(s): 
Posner, Williams, and Tinder.
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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.
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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.
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