Rael v. Wells Fargo Bank (In re Rael)

• Summarized by William Wallo , Bakke Norman, S.C.
• 8 years 4 weeks ago

Citation:

Rael v. Wells Fargo Bank (In re Rael), BAP No. WY-14-035 (10th Cir. BAP February 27, 2015)

Ruling:

Creditor did not violate the stay or the terms of the individual debtors' confirmed chapter 11 plan when it sought to enforce its preserved lien rights in state court rather than returning to the...

Judge(s):

Karlin, Somers, and Jacobvitz

Tag(s):

• 10th Circuit
• Automatic Stay
• Plan Confirmation
• § 1141
• § 362
• § 1115

Sullivan v. Harnisch (In re Sullivan)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 8 years 5 months ago

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Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]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In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case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...

Judge(s):

TAYLOR, DUNN, and KIRSCHER, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Automatic Stay
• Claims
• Bankruptcy Litigation
• Creditors' Committee
• Fraud
• Labor/Employment
• Plan Confirmation
• Practice and Procedure
• Real Estate
• Venue/Jurisdiction
• § 362
• § 502
• § 707
• § 1129
• § 1112
• § 1115

Ice House America, LLC v. Charles Cardin

• Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
• 9 years 3 weeks 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):

• 6th Circuit
• Bankruptcy Litigation
• Plan Confirmation
• Rule 9014
• § 1301
• § 541
• § 1123
• § 1124
• § 1325
• § 1126
• § 1306
• § 109
• § 1129
• § 1115

Wu v. Markosian (In re Markosian)

• Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
• 9 years 2 months ago

Citation:

9th Cir. BAP No. NC-13-1339-JuKiD

Ruling:

In the published opinion, the 9th Circuit BAP affirmed the bankruptcy court decision, the bonus was not property of the re-converted Chapter 7 estate. The BAP determined that 11 U.S.C. Sec. 1115...

Judge(s):

JURY, KIRSCHER, and DUNN

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Bankruptcy Litigation
• § 541
• § 1306
• § 348
• § 1115

Dill Oil Co., LLC v. Stephens (In re Stephens)

• Summarized by Brandon Bickle , Gable & Gotwals, PC
• 10 years 4 months ago

Citation:

Appellate Case Number 11-6309 (Bankruptcy Case No. 10-14028-WV), Document Number 01018983694, entered on January 15, 2013.

Ruling:

The 10th Circuit reversed the bankruptcy court's ruling that the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) abrogated the absolute priority rule (APR), in its entirety as to...

Judge(s):

Kelly and Holmes, Circuit Judges, and William J. Martinez, District Judge (sitting by designation). Opinion by Judge Kelly.

Tag(s):

• 10th Circuit
• Plan Confirmation
• § 1129
• § 1115

In re Maharaj

• Summarized by Dennis O'Dea , SFS Law Group
• 10 years 11 months ago

Citation:

In re: Maharaj, Case No. 11-1747 (4th Cir. June 14, 2012), slip opinion

Ruling:

AFFIRMING the bankruptcy court's denial of confirmation of an individual Chapter 11 plan accepted by two classes of creditors, but rejected by a class of unsecured creditors, the court held, in a...

Judge(s):

Before Duncan, Agee and Diaz, Circuit Judges. Opinion by Judge Agee in which Judge Duncan and Judge Diaz joined

Tag(s):

• 4th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Business Reorganization
• Certification
• Plan Confirmation
• Unsecured Trade Creditors
• § 541
• § 1129
• § 1115

Friedman v. P+P, LLC (In re Friedman)

• Summarized by Lovee Sarenas , Sklar Hirsh
• 11 years 1 month ago

Citation:

None as of yet

Ruling:

In a 2-1 decision, the Bankruptcy Appellate Panel for the Ninth Circuit held that the absolute priority rule as set forth under 11 USC Sec. 1129(b)(2)(B)(ii) is inapplicable in individual chapter...

Judge(s):

Hon. Philip H. Brandt, appealed order denying confirmation of the Debtors' plan; Hon. James Marlar, appealed order converting the case to one under chapter 7. BAP: Majoriy decision: Hon. Ralph B. Kirscher and Hon. Scott Clarkson (by designation); Dissent: Hon. Meredith Jury

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Plan Confirmation
• § 541
• § 103
• § 1129
• § 1115

Pages

• 1
• 2
• 3
• 4
• 5
• 6
• 7
• 8
• 9
• …
• next