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....
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
11 years 9 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 v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).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...
Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
12 years 1 week 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
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)
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...
In re Zuckerman, BAP No. MS 12-085 (1st Cir. BAP, April 24, 2013) (Not for Publication)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
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.
Summarized by Dean Langdon , DelCotto Law Group PLLC
13 years 5 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...
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
13 years 7 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)
