Asociacion de Titulares de Condominio Castillo v. Dimarco

Citation:
17-009 (1st Circuit, Feb 08,2018) Published
Case Status:
Affirmed
Ruling:
First, a motion for “reconsideration” under Fed. R. Civ. P. 59 or 60 does not toll the 14-day deadline for filing an appeal under Fed. R. Bankr. P. 8002(b). Second, since the discharge in...
Judge(s):
Feeney, Harwood, and Fagone.
Tag(s):

IN RE: JOHN Q. HAMMONS FALL 2006, LLC

Citation:
KS-16-037 (10th Circuit, Dec 28,2017) Not Published
Case Status:
Affirmed
Ruling:
Questions of whether an entity is eligible to be a debtor under Bankruptcy Code § 109 or had the proper corporate authorization to file its case are not jurisdictional; accordingly, the bankruptcy...
Judge(s):
Michael, Romero, and Hall
Tag(s):

Soames Lane Trust v. Gonzalez (In re Soames Lane Trust)

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. CC-16-1042-FDKu (Aug. 8, 2016)
Ruling:
Judicial estoppel precluded a debtor that had argued in response to a motion to convert or dismiss its case that it was a business trust eligible to file for bankruptcy protection from subsequently...
Judge(s):
Faris, Dunn & Kurtz
Tag(s):

Franco v. U.S. Trustee (In the Matter of Rogelio Franco)

Citation:
-- F.3d -- (BAP 9th Cir. June 2, 2016) NOT FOR PUBLICATION
Ruling:
Affirmed Bankruptcy Court's dismissal of bankruptcy for cause due to not following the requirement to obtain a Credit Counseling Certificate by the terms required by statute. Additionally, the...
Judge(s):
KIRSCHER, TAYLOR and LANDIS, Bankruptcy Judges.
Tag(s):

In re Four Wells Limited

Citation:
Nos. 15-8020.8021/8022/8023 (6th Cir. BAP April 12, 2016)
Ruling:
Bankruptcy court did not abuse its discretion in ruling on motion to dismiss without holding hearing on Chapter 11 Plan and Disclosure Statement, or in dismissing debtors' cases, but did abuse its...
Judge(s):
Harrison, Preston & Wise, Bankruptcy Appellate Panel judges
Tag(s):

3.78 Irish Acres, LLC v. Ireland Empire Servicing Co., et al. (In re 3.78 Irish Acres, LLC)

Citation:
BAP No. NV-15-1096-JuKiD (BAP 9th Cir. Feb. 25, 2016) (unpublished)
Ruling:
In an unpublished ruling, the BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Nev.) dismissing an LLC's second chapter 7 filing based on claim and issue preclusion following...
Judge(s):
Jury, Kirscher, Dunn
Tag(s):

Carswell v. Rojas, et al. (In re Carswell)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-15-1100-KuKiTa (December 11, 2015)
Ruling:
In the Memorandum opinion by the Ninth Circuit Bankruptcy Appellate Panel ("BAP") deemed no appropriate for publication, the BAP affirmed the bankruptcy court's order dismissing the Chapter 13...
Judge(s):
Honorable KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges.
Tag(s):

Davis v. U.S. Bank, N.A. (In re Davis)

Citation:
Davis v. U.S. Bank, N.A. (In re Davis), No. 12-60069 (9th Cir. Feb. 17, 2015)
Ruling:
The 9th Circuit affirmed the ruling of the BAP, which had affirmed the ruling of the bankruptcy court, dismissing debtor's chapter 12 bankruptcy because debtor's debts exceeded the statutory limit....
Judge(s):
Graber, Gould, Callahan
Tag(s):

General Lending Corp. v. Cancio

Citation:
General Lending Corp. v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).
Ruling:
The Circuit Court found that GLC could have identified the eligibility issues as early as July 2010 but failed to closely inspect the Debtor's schedules, that the Debtors had maintained their plan...
Judge(s):
Pryor, Martin and Edmondson
Tag(s):

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