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George Czaplinski v. Bank of America

Summarizing by Kristin Jain

In re Beltway One Development Group, LLC

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. NV-14-1564-KiDJu
Ruling:
If an oversecured creditor is impaired under the plan, the creditor is presumptively entitled to interest at the contractual default rate from the petition date through the plan effective date if...
Judge(s):
Kirscher, Dunn and Jury
Tag(s):

Bank of America, N.A. v Horizon Ridge Medical & Corporate Center, LLC (In re Horizon Ridge Medical & Corporate Center, LLC)

Citation:
BAP No. NV-14-1532-DJuKi (BAP 9th Cir. Feb. 23, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of bankruptcy court (D. Nev.), allowing fees for debtor's second bankruptcy counsel in the amount of $513k, notwithstanding confirmation of the lead...
Judge(s):
Dunn, Jury, Kirscher
Tag(s):

Franklin High Yield Tax-Free Income Fund v. City of Stockton, California (In re City of Stockton, California)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1550-DJuF (December 11, 2015) Published
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") dismissed, as equitably moot, Franklin High Yield Tax-Free Income Fund and Franklin California High Yield Municipal Fund (collectively,...
Judge(s):
Honorable DUNN, JURY AND FARIS, Bankruptcy Judges
Tag(s):

JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Properties Inc., et al. (In re Transwest Resort Properties, Inc.)

Citation:
JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Properties Inc.; Southwest Value Partners Fund XV, LLP; SWVP LA Paloma LLC; SWVP Hilton Head, LLC (In re Transwest Resort Properties, Inc.), -- F.3d. -- (9th CA September 15, 2015)
Ruling:
The Ninth Circuit Court of Appeal ("Panel") withdrew its Opinion and Dissent filed on July 1, 2015, appearing at 791 F.3d 114. Even though the Chapter 11 plan had been implemented, a lender's...
Judge(s):
J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges
Tag(s):

Bella Sera Homeowners' Assoc. v. Pack (In re Pack)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NV-14-1375-KuDJu
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") ruled that both bankruptcy court's orders "stripping off" Bella Sera Homeowner's Association ("Bella") lien and...
Judge(s):
KURTZ, DUNN and JURY, Bankruptcy Judges
Tag(s):

Baker Hughes Oilfield Operations, Inc. v. Morton (In the Matter of R.L. Adkins Co.)

Citation:
Case No. 14-10768 (5th Cir. April 23, 2015)
Ruling:
Appellant was not entitled to maintain its Section 1111(b) election because the confirmed plan provided for a sale of the appellant's collateral and appellant failed to provide notice of its intent...
Judge(s):
REAVLEY, JONES, and ELROD, Circuit Judges.
Tag(s):

SCH Corp. v. CFI Class Action Claimants

Citation:
In re SCH Corp., No. 14-2888, 2015 WL 756552 (3d Cir. Feb. 24, 2015)
Ruling:
The Third Circuit ruled that a purported settlement negotiated by the Responsible Officer with the plan funder, which added three years to a five-year plan (effectively making it an eight-year...
Judge(s):
This case was heard before Circuit Judges Cowen, Vanaskie, and Greenberg. The Opinion was authored by Judge Cowen. It was noted that this is not an opinion of the full court and pursuant to I.O.P. 5.7, does not constitute binding precedent.
Tag(s):

Civic Partners Sioux City, LLC v. Main Street Theaters, Inc. (In re Civic Partners Sioux City, LLC)

Citation:
No. 13-3636 (8th Cir. Mar. 3, 2015).
Ruling:
The Court of Appeals lacks jurisdiction over appeals from non-final orders of the Bankruptcy Appellate Panel. In particular, an order denying confirmation of a chapter 11 plan of reorganization is...
Judge(s):
Murphy, Smith, and Gruender.
Tag(s):

Sullivan v. Harnisch (In re Sullivan)

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):

Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.)

Citation:
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil...
Judge(s):
JURY, KIRSCHER, and DUNN, Bankruptcy Judges.
Tag(s):

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