Rosenberg v. DVI Receivables XIV, LLC, et al.

Citation:
Rosenberg v. DVI Receivables XIV, LLC, — F.3d —, No. 14-14620 (11th Cir. April 8, 2016)
Ruling:
The Eleventh Circuit held that the Federal Rules of Bankruptcy Procedure govern cases “arising under” the Bankruptcy Code, even if tried in a federal district court. The court specifically...
Judge(s):
Marcus, Jill Pryor, and Fay, Circuit Judges.
Tag(s):

In re John Richards Homes Building Company, L.L.C.

Citation:
Adell v. Honigman, Miller, Schwartz & Cohn, LLP (In re John Richards Homes Building Company, LLC), Case Nos. 12-2012, 12-2013, 12-2014, and 12-2015 (6th Cir. Nov. 20, 2013) (unpublished).
Ruling:
The Sixth Circuit Court of Appeals held that (i) a bankruptcy court has the power to enter an award of attorneys' fees for enforcing a judgment entered under 11 U.S.C. § 303(i) and for collateral...
Judge(s):
ROGERS, STRANCH, and DONALD
Tag(s):

Nolan A. Smith v. The Bank of New York Mellon (In re Ceralde)

Citation:
Nolan A. Smith v. The Bank of New York Mellon (In re Ceralde) - B.R. - (9th Circuit B.A.P. August 6, 2013) (NOT FOR PUBLICATION)
Ruling:
(NOT FOR PUBLICATION) The Bankruptcy Appeal Panel held it was not abuse of discretion for the bankruptcy court to annul the automatic stay because the bankruptcy court properly applied the...
Judge(s):
COLLINS, DUNN and KIRSCHER, Bankruptcy Judges
Tag(s):

Gelb v. U.S. Trustee (In re Gelb)

Citation:
In re Gelb, Case No. 12-1086 (B.A.P. 9th Cir. Mar. 29, 2013) (not for publication)
Ruling:
The B.A.P. affirmed the bankruptcy court's decision. First, the B.A.P. held that neither a parent nor a guardian ad litem may bring an action on behalf of a minor child without retaining a lawyer....
Judge(s):
Pappas, Kirscher, and Taylor, Bankruptcy Judges
Tag(s):

State of Montana v. Blixseth (In re Blixseth)

Citation:
BAP No. NV-11-1305-PaJuH; Bk. No. 11-15010
Ruling:
The majority opinion ruled that by using the "context-specific" analysis based on the Nevada Statutes the involuntary bankruptcy case is viewed in the same context as a creditor seeking a charging...
Judge(s):
Pappas, Jury, and Hollowell
Tag(s):

Chameleon Entertainment Systems, Inc. v. Weinman (In re Chameleon Entertainment Systems, Inc.)

Citation:
BAP No. CO-11-087 (B.A.P. 10th Cir. Dec. 3, 2012)
Ruling:
In AFFIRMING the bankruptcy court, the BAP ruled that the bankruptcy court had jurisdiction to approve a settlement entered into between a putative debtor and creditors dismissing the case without...
Judge(s):
Cornish, Rasure, and Somers.
Tag(s):

Mitchell v. Weinman (In re Mitchell)

Citation:
No. CO-11-086 (B.A.P. 10th Cir. Dec. 3, 2012)
Ruling:
Affirming the Bankruptcy Court for the District of Colorado, the Bankruptcy Appellate Panel for the Tenth Circuit held that: (1) the bankruptcy court (“BC”) had subject matter jurisdiction...
Judge(s):
Cornish, Rasure, and Somers, Bankruptcy Judges.
Tag(s):

DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg)

Citation:
DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg), Case No. 11-14823 (11th Cir. July 6, 2012) (unpublished) (per curiam)
Ruling:
Affirming district court's order order dismissing involuntary petition with prejudice because Appellants failed to prove reversible error. While the Eleventh Circuit's 2 page decision affirms the...
Judge(s):
Edmonson, Carnes and Hull.
Tag(s):

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