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

• Summarized by Matthew Hale , Stichter, Riedel, Blain & Postler, PA
• 8 years 9 months ago

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):

• 11th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Rule 1001
• Rule 9015
• § 303

Peterson v. Wyo. Country Builders, LLC (In re Wyo. Country Builders, LLC).

• Summarized by Michael Cooley , Reed Smith LLP
• 10 years 8 months ago

Citation:

No. WY-13-060 (10th Cir. B.A.P. May 7, 2014)

Ruling:

The B.A.P. affirmed the bankruptcy court’s award of attorney’s fees and costs against the appellant pursuant to 11 U.S.C. § 303(i).

Judge(s):

Thurman, Cornish, and Michael.

Tag(s):

• 10th Circuit
• Professional Compensation/Fees
• § 303

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

• Summarized by Ryan Heilman , Heilman Law PLLC
• 11 years 1 month ago

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John Richards Homes Building Company, LLC), Case Nos. 12-2012, 12-2013, 12-2014, and 12-2015 (6th Cir. Nov. 20, 2013) (unpublished).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):

• 6th Circuit
• Bankruptcy Litigation
• § 303
• § 105

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

• Summarized by James Webster , Law Office of James Portman Webster, PLLC
• 11 years 5 months ago

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Nolan A. Smith v. The Bank of New York Mellon (In re Ceralde) - B.R. - (9th Circuit B.A.P. August 6, 2013) (NOT FOR PUBLICATION)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(NOT FOR PUBLICATION) The Bankruptcy Appeal Panel held it was not abuse of discretion for the bankruptcy court to annul the automatic stay because the bankruptcy court properly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

• 9th Circuit
• Automatic Stay
• § 362
• § 303

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

• Summarized by Richard Corbi , Otterbourg P.C.
• 11 years 9 months ago

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):

• 9th Circuit
• Family/Divorce Issues
• Bankruptcy Litigation
• Rule 9024
• § 303
• § 305

Marciano v. Chapnick (In re Marciano)

• Summarized by Elie Herman ,
• 11 years 10 months ago

Citation:

No. 11-60070 (9th Cir. February 27, 2013)

Ruling:

The court held that (1) Debtor's motion to dismiss for improper service was properly denied, and (2) although on appeal, an unstayed judgment of a state court constitutes a claim against the debtor...

Judge(s):

Kirscher, Markell, and Dunn.

Tag(s):

• 9th Circuit
• Claims
• Rule 7004
• § 101
• § 303

State of Montana v. Blixseth (In re Blixseth)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 12 years 3 weeks ago

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):

• 9th Circuit
• Venue/Jurisdiction
• Rule 1014
• § 303

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

• Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
• 12 years 1 month ago

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):

• 10th Circuit
• Bankruptcy Process and Procedure
• Rule 7001
• Rule 5010
• Rule 9023
• Rule 9024
• § 303
• § 350

Mitchell v. Weinman (In re Mitchell)

• Summarized by Brendan Gage , Goulston & Storrs PC
• 12 years 1 month ago

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):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Venue/Jurisdiction
• Rule 5010
• Rule 5011
• Rule 9011
• Rule 1017
• Rule 9023
• Rule 9024
• § 101
• § 541
• § 303
• § 350

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

• Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
• 12 years 6 months ago

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):

• 11th Circuit
• Claims
• Rule 7017
• § 303
• § 1109

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