Blumsack v. Harrington (In re Blumsack)

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 10 months 1 day ago

Citation:

BAP NO. 23-003 (1st Circuit, Mar 05,2024) Published

Case Status:

Affirmed

Ruling:

The Court of Appeals affirmed the dismissal of the case but do so on different grounds from those articulated by the Bankruptcy Court. The dual requirements of § 1307(c)(5) were satisfied. The...

Judge(s):

Godoy, Cary and Fagon

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Court Administration
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• § 1307(c)
• § 105
• § 109
• § 1325

Kvassay v. Kvassay (In re Kvassay)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 8 years 3 months ago

Citation:

Ninth Circuit Bankruptcy Appellate Case No. CC-15-1420-KiTaKu (October 6, 2106) Not for Publication

Ruling:

The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling denying Peter E. Kvassay ("Debtor") motion for order to show cause why Robert V. Kvassay ("Creditor") should not be sanctioned...

Judge(s):

Honorable KIRSCHER, TAYLOR and KURTZ

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Automatic Stay
• Bankruptcy Litigation
• Rule 4007
• Rule 9014
• Rule 9020
• Rule 7052
• § 362
• § 523
• § 524
• § 105
• § 727

Harris v. Scarcelli (In re Oak Knoll Associates, L.P.)

• Summarized by Lee Harrington , Ascendant Law Group LLC
• 8 years 4 months ago

Citation:

Harris v. Scarcelli et al. Case No. 15-2189, United States Court of Appeals for the First Circuit (August 19, 2016)

Ruling:

The First Circuit affirmed summary judgment ruling of lower courts against a real estate broker who failed to demonstrate that he was entitled by contract or in equity under the Bankruptcy Code to...

Judge(s):

Jeffery R. Howard, Chief Judge Juan R. Torruellla, Circuit Judge David J. Barron, Circuit Judge

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Claims
• § 501
• § 105

PEM Entities LLC v. Province Grande Olde Liberty, LLC, et al. (In re Province Grande Olde Liberty, LLC)

• Summarized by Ann Brogan , Davey | Brogan, PC
• 8 years 4 months ago

Citation:

Case No. 15-1669 (4th Cir., Aug. 12, 2016)

Ruling:

Fourth Circuit reviewed bankruptcy court's analysis of the eleven factors adopted in In re Dornier Aviation (North America), Inc., 453 F.3d 225 (4th Cir. 2006) and, in a per curiam decision,...

Judge(s):

Chief Judge Roger L. Gregory, Circuit Judge William B. Traxler, Jr., and Senior U.S. District Judge Joseph F. Anderson, sitting by designation

Tag(s):

• 4th Circuit
• Business Reorganization
• Claims
• Bankruptcy Litigation
• Finance and Banking
• Turnaround Issues
• § 502
• § 105
• § 726
• § 510

Elliott, et al. v. General Motors LLC (In the Matter of: Motors Liquidation Co.)

• Summarized by Ryan Heilman , Heilman Law PLLC
• 8 years 6 months ago

Citation:

Elliott v. General Motors LLC (In re Motors Liquidation Co.), Case Nos. 15-2844, 15-2847, 15-2848 (2d Cir. N.Y. July 13, 2016).

Ruling:

The Second Circuit Court of Appeals determined that the debtor, General Motors Corporation ("Old GM"), had an obligation to provide notice to vehicle owners with defects of which Old GM knew or...

Judge(s):

STRAUB, CHIN, and CARNEY

Tag(s):

• 2nd Circuit
• Asset Sales
• Claims
• Practice and Procedure
• § 363
• § 105

Wilson v. Desert Realty, Inc. (In re Lindsey)

• Summarized by Lars Fuller , BakerHostetler
• 8 years 9 months ago

Citation:

BAP Nos. NV-14-1583-KiDJu & NV-15-1071-KiDJu (BAP 9th Cir. Mar. 21, 2016)

Ruling:

BAP for 9th Circuit reversed and remanded two orders of the bankruptcy court (D. Nev.) (a) dismissing debtor's complaint against a landlord for alleged violation of the codebtor stay under s 1301...

Judge(s):

Kirscher, Dunn, Jury

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Automatic Stay
• Practice and Procedure
• Real Estate
• Rule 7054
• § 1301
• § 105

Schermerhorn, et al. v. Kubbernus, et al. (In the Matter of Skyport Global Communication, Inc.)

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
• 8 years 10 months ago

Citation:

Schermerhorn, et. al. v. Kubbernus, et. al. (In re Skyport Global Communication, Inc.), No. 15-20246 (5th Cir. March 14, 2016)

Ruling:

Bankruptcy Court’s imposition of inherent power sanctions against litigants who commenced state court litigation including derivative claims, which claims were barred by a confirmed plan of...

Judge(s):

KING, CLEMENT and OWEN

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• § 1144
• § 105

Park v. Laski (In re Holy Hill Community Church)

• Summarized by Lars Fuller , BakerHostetler
• 8 years 10 months ago

Citation:

BAP No. CC-15-1270-TaKuF (BAP 9th Cir. Mar. 7, 2016) (unpublished)

Ruling:

The BAP for the 9th Circuit affirmed in part, and reversed and remanded in part, the ruling of the bankruptcy court (C.D. Cal.), affirming the bankruptcy court's finding of a willful violation of...

Judge(s):

Taylor, Kurtz, Faris

Tag(s):

• 9th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Rule 7054
• § 362
• § 105

Supplement B Pilot Beneficiaries v. AMR Corp. (In re AMR Corp.)

• Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
• 9 years 1 month ago

Citation:

No. 14-4274-bk (2d Cir. Dec. 7, 2015) (summary order)

Ruling:

Affirming the district and bankruptcy court judgments/orders, the Second Circuit held, inter alia, (1) debtors' negotiations with union, as "authorized representative" of employees, complied with...

Judge(s):

D. Jacobs, R. Lohier, G. Crawford (sitting by designation)

Tag(s):

• 2nd Circuit
• Airlines
• Alternative Dispute Resolution
• Business Reorganization
• § 105
• § 1113

Peabody v. Jensen (In re Jensen)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 9 years 10 months ago

Citation:

CC-13-1606-KiKuD (March 10, 2015) Unpublshed

Ruling:

In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that a motion for relief from judgment under Rule 9024 is a contested matter; therefore, the bankruptcy court must...

Judge(s):

KIRSCHER, KURTZ and DUNN, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Professional Compensation/Fees
• Rule 9014
• Rule 9024
• Rule 7052
• § 105

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