Rich Dad Operating Co., LLC v. Zubrod, et al. (In re Rich Global, LLC)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 6 years 9 months ago

Citation:

Rich Dad Operating Company, LLC v. Zubrod, et al. (In re Rich Global, LLC), Case No. 15-8103 (10th Cir. June 14, 2016) (unpublished)

Ruling:

An appeal is not moot if a court can offer even partial relief and while a majority of courts hold that a settlement of claims can qualify as a sale of property under § 363, whether to impose...

Judge(s):

Briscoe, Lucero, Phillips

Tag(s):

• 10th Circuit
• Practice and Procedure
• Rule 8025
• Rule 9019
• Rule 7052
• § 362

Milgroom v. United States

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 6 years 9 months ago

Citation:

Fed. Cir. decided June 10, 2016

Ruling:

The US Court of Appeals for the Federal Circuit affirms the United States Court of Federal Claims dismissal of the complaint for lack of subject matter jurisdiction. (disposition nonprecedential)....

Judge(s):

Prost, Plager and Lourie

Tag(s):

• Federal Circuit
• Bankruptcy Process and Procedure
• § 362

Ozenne v. Chase Manhattan Bank, et al. (In re Ozenne)

• Summarized by Lars Fuller , BakerHostetler
• 6 years 12 months ago

Citation:

No. 11-60039 (9th Cir. March 25, 2016) (Published)

Ruling:

The 9th Circuit vacated the BAP's denial of a petition for a writ of mandamus, holding the BAP did not have jurisdiction to consider the writ petition, reversing In re Salter, 279 B.R. 278 (B.A.P....

Judge(s):

Wallace, Leavy, Bybee

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Automatic Stay
• Real Estate
• Rule 8001
• § 362

Tendering Phones Holders, et al. v. Large Private Benefecial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 7 years 4 days ago

Citation:

2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)

Ruling:

The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while...

Judge(s):

WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge

Tag(s):

• 2nd Circuit
• Bankruptcy Litigation
• Creditors' Committee
• Fraudulent Transfers
• Plan Confirmation
• 548
• § 362
• § 544
• § 546
• § 1107

Park v. Laski (In re Holy Hill Community Church)

• Summarized by Lars Fuller , BakerHostetler
• 7 years 2 weeks ago

Citation:

BAP No. CC-15-1270-TaKuF (BAP 9th Cir. Mar. 7, 2016) (unpublished)

Ruling:

The BAP for the 9th Circuit affirmed in part, and reversed and remanded in part, the ruling of the bankruptcy court (C.D. Cal.), affirming the bankruptcy court's finding of a willful violation of...

Judge(s):

Taylor, Kurtz, Faris

Tag(s):

• 9th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Rule 7054
• § 362
• § 105

Federal Trade Commission v. Commerce Planet, Inc., et al.

• Summarized by Lars Fuller , BakerHostetler
• 7 years 3 weeks ago

Citation:

No. 12-57064 (9th Cir. Mar. 3, 2016)

Ruling:

In a published decision, the 9th Circuit affirmed in part, and vacated in part, the district court's (C.D. Cal.) order finding that defendant entity violated s 5 of the FTC Act; holding the...

Judge(s):

Callahan, Watford, Owens

Tag(s):

• 9th Circuit
• Automatic Stay
• Commercial Fraud
• § 362

Lavenhar v. First American Title Insurance Co. (In re Lavenhar)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 7 years 3 months ago

Citation:

Lavenhar v. First American Title Insurance Co. (In re Lavenhar), Case No. 14-1391 (10th Cir. July 29, 2014). Published.

Ruling:

A chapter 7 trustee has the sole power to bring a fraudulent conveyance action but a creditor is a party in interest entitled to object to another creditor’s claim.

Judge(s):

Briscoe, Murphy, Gorsuch (Murphy)

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Automatic Stay
• Family/Divorce Issues
• Claims
• Fraudulent Transfers
• § 362
• § 502
• § 323
• § 544
• § 507

In re Martin, Sr.

• Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
• 7 years 3 months ago

Citation:

In re Martin (6th Cir. BAP Dec. 16, 2015)

Ruling:

Bankruptcy court did not err in granting creditor stay relief to continue litigation against the Debtor in pending state court action. Applying the factors set forth in In re Sonnax Industries,...

Judge(s):

Delk, Harrison and Lloyd

Tag(s):

• 6th Circuit
• Discharge/Dischargeability
• Automatic Stay
• Bankruptcy Litigation
• § 362
• § 523

Reliance Steel & Aluminum Co. v. Locklin (In re Locklin)

• Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
• 7 years 3 months ago

Citation:

9th Cir. BAP Case No. CC-15-1008-KuFKi and CC-14-1446-KuFKi (December 7, 2015)

Ruling:

in the unpublished decision, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's award of damages for Reliance Steel & Aluminum, Co. ("Reliance") and Reliance's...

Judge(s):

Honorable KURTZ, FARIS and KIRSCHER.

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• § 362

Dampier, Jr. v. Credit Investment, Inc., et al (in re Dampier)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 7 years 4 months ago

Citation:

Dampier, Jr. v. Credit Investments, Inc., et al. (In re Dampier, Jr.) Case No. CO-15-006 (BAP 10th Cir. November 5, 2015). Unpublished.

Ruling:

Bankruptcy court has exclusive jurisdiction to determine the dischargeability of a state court judgment but the bankruptcy court and state court have concurrent jurisdiction to determine the...

Judge(s):

Thurman, Jacobvitz, Hall (Thurman)

Tag(s):

• 10th Circuit
• Discharge/Dischargeability
• Automatic Stay
• Fraud
• Rule 8005
• 11 U.S.C § 523
• 1334
• § 362

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