Home » Chapter 1 » § 109

General Lending Corp. v. Cancio

  • Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
  • 8 years 7 months ago
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 v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).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):

Ice House America, LLC v. Charles Cardin

  • Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
  • 8 years 10 months ago
Citation:
2014 U.S. App. LEXIS 8882, 2014 FED App. 0099P (6th Cir.), 6th Circuit Appellate Case No. 13-5764, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 2:12-cv-00463
Ruling:
The United States Court of Appeals for the Sixth Circuit held that the “absolute-priority rule” applies to individual Chapter 11 debtors; therefore, objecting impaired unsecured creditors must...
Judge(s):
Richard Fred Suhrheinrich Eugene Edward Siler, Jr. Raymond Kethledge
Tag(s):

Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet)

  • Summarized by Robert Yan , Otterbourg P.C.
  • 9 years 3 months ago
Citation:
Docket No. 13-612 (2d Cir. Dec. 11, 2013)
Ruling:
VACATING bankruptcy court’s order and REMANDING for further proceedings, the Court of Appeals for the Second Circuit held that 11 U.S.C. § 109(a) applies to the debtor in a foreign main...
Judge(s):
Jacobs, Straub (Circuit Judges), and Kuntz (District Judge sitting by designation)
Tag(s):

Rivera v. Matos (In re Rivera)

  • Summarized by Nathaniel Hull , Verrill Dana, LLP
  • 9 years 9 months ago
Citation:
In re Rivera, BAP No. PR 12-087 (1st Cir. BAP, June 26, 2013) (per curiam).
Ruling:
Without “need to adopt a particular approach” to the meaning of 11 U.S.C. § 109(g)(2) because the debtor’s actions would satisfy the “mandatory,” “discretionary,” or “causal...
Judge(s):
Hillman, Deasy, and Bailey (per curiam)
Tag(s):

In re Zuckerman

Citation:
In re Zuckerman, BAP No. MS 12-085 (1st Cir. BAP, April 24, 2013) (Not for Publication)
Ruling:
AFFIRMATION by the First Circuit BAP of the bankruptcy court’s dismissal of the Debtor’s Chapter 13 case under 105(a) for failure to comply with bankruptcy court orders requiring filing of...
Judge(s):
Deasy, Kornreich, and Godoy, Bankruptcy Appellate Panel Judges
Tag(s):

Bourgeois v. Bank of America (In re Bourgeois)

  • Summarized by Shara Cornell , McDonald Hopkins LLC
  • 9 years 11 months ago
Citation:
Bourgeois v. Bank of America (In re Bourgeois), No. 12-6056 (8th Cir. BAP March 22, 2013)
Ruling:
Incarceration was not an exigent circumstance and Debtor did not meet the standard for a Motion for Relief from Final Judgment, Order or Proceeding under FRCP 59(e) and FRBP 9023.
Judge(s):
Chief Judge Federman, Judge Saladino, Judge Nail
Tag(s):

In re Pertuset

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 10 years 3 months ago
Citation:
12b0009n.06; Docket No. 12-8014
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed the rulings of the Bankruptcy Court for the Southern District of Ohio which denied confirmation of the debtor's Chapter 12 plan and dismissed...
Judge(s):
Fulton, Harris and Shea-Stonum; opinion by Fulton
Tag(s):

Meyer v. Scholz (In re Scholz)

Citation:
Meyer v. Scholz (In re Scholz), Case No. 11-60023 (9th Cir. November 15, 2012)
Ruling:
An "anti-anticipation" clause does not preclude inclusion of annuity income in a Chapter 13 debtor's projected disposable income.
Judge(s):
Consuelo M. Callahan and Paul J. Watford, Circuit Judges, and James K. Singelton, Senior District Judge.
Tag(s):

Leafty v. Aussie Sonoran Capital, LLC (In re Leafty)

  • Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
  • 10 years 5 months ago
Citation:
Leafty v. Aussie Sonoran Capital, LLC (In re Leafty), Case No. AZ-11-1491-JuBrD (B.A.P. 9th Cir. Oct. 10, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) held that the bankruptcy court did not abuse its discretion when the court dismissed the debtor's second case because she was...
Judge(s):
Hon. Meredith A. Jury; Julia W. Brand and Randall L. Dunn (U.S. Bankruptcy Appellate Panel, Ninth Circuit, J. Brand, Bankruptcy Judge for the Central District of California, sitting by designation). Appeal from a ruling by Hon. Redfield T. Baum (Bankruptcy Court Judge for the District of Arizona)
Tag(s):

In re Cline

Citation:
In re: Santana Cline, Case No. 11-8075 (6th Cir. BAP June 1, 2012)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit affirmed the bankruptcy court’s order dismissing the Debtor’s Chapter 13 case and imposing a two-year filing bar. Such a bar is permissible...
Judge(s):
Harris, Emerson, and Shea-Stonum
Tag(s):

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