U.S. v. Colasuonno

Citation:
U.S. v. Colasuonno, Case No. 11-1188 (2nd Cir. Oct. 12, 2012)
Ruling:
Section 362(b)(1) of the Code excepts from the stay "the commencement or a continuation of a criminal action or proceeding against the debtor." In a matter of first impression for this court, the...
Judge(s):
Kearse, Walker, and Raggi, Circuit Judges
Tag(s):

Leafty v. Aussie Sonoran Capital, LLC (In re Leafty)

Citation:
Leafty v. Aussie Sonoran Capital, LLC (In re Leafty), Case No. AZ-11-1491-JuBrD (B.A.P. 9th Cir. Oct. 10, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) held that the bankruptcy court did not abuse its discretion when the court dismissed the debtor's second case because she was...
Judge(s):
Hon. Meredith A. Jury; Julia W. Brand and Randall L. Dunn (U.S. Bankruptcy Appellate Panel, Ninth Circuit, J. Brand, Bankruptcy Judge for the Central District of California, sitting by designation). Appeal from a ruling by Hon. Redfield T. Baum (Bankruptcy Court Judge for the District of Arizona)
Tag(s):

Rugiero v. DiNardo (In re Rugiero)

Citation:
6th Cir. Court of Appeals (E.D. Michigan Oct. 10, 2012)
Ruling:
AFFIRMING the lower court's ruling that debtor's attorney fees that arose out of a child-custody dispute is non-dischargeable.
Judge(s):
Sutton, Griffin, and White.
Tag(s):

The Prudential Insurance Company of America v. City of Boston (In re SW Boston Hotel Venture, LLC)

Citation:
Prudential Ins. Co. v. City of Boston (In re SW Boston Hotel Venture, LLC), BAP NOS. MB 11-079, MB 11-082, MB 11-085, MB 11-086; Bankr. Case No. 10-14535-JNF (B.A.P. 1st Cir. Oct. 1, 2012)
Ruling:
In a dispute between a developer-debtor and its primary secured lender, the BAP AFFIRMED the bankruptcy court's decision to calculate postpetition interest (506(b)) owing to the lender at the...
Judge(s):
Haines, Deasy, and Tester, United States Bankruptcy Appellate Panel Judges
Tag(s):

Harchar v. U.S. (In re Harchar)

Citation:
Harcher v. U.S. (In re Harcher), Case Nos. 10-4201, 10-4419, 10-4420 (6th Cir. Sept. 12, 2012)
Ruling:
In a 3-0 ruling, the Sixth Circuit held that the IRS violated neither the Debtor's chapter 13 plan nor the automatic stay by choosing to manually process the Debtor's tax refund when the processing...
Judge(s):
Judge Griffin authored the opinion of the Court. He was joined by Chief Judge Batchelder and District Judge Cohn.
Tag(s):

Rushton v. Bank of Utah (In re C.W. Mining Co.)

Citation:
Kenneth A. Rushton v. Bank of Utah, BAP No. UT-11-098 (B.A.P. 10th Cir. Sept. 5, 2012).
Ruling:
The 10th Circuit BAP affirmed the bankruptcy court's denial of the Chapter 7 Trustee's Motion for Summary Judgment. The bankruptcy court properly denied the Trustee's avoidance claim under 11...
Judge(s):
Nugent, Karlin and Hall
Tag(s):

McMaster v. Small (In re Small)

Citation:
Case No. 11-40888, Decided August 16, 2012 (Unpublished)
Ruling:
Chapter 7 Debtor's former spouse's intentionally violated the automatic stay by continuing prosecution of civil contempt claims in state court, in violation of the bankruptcy court’s lift stay...
Judge(s):
Stewart, Elrod and Southwick per curiam.
Tag(s):

National Bank of Arkansas v. Panther Mountain Land Development, LLC (In re Panther Mountain Land Development, LLC)

Citation:
Case No. 11-1900 (8th Cir. July 25, 2012)
Ruling:
The automatic stay does not apply to an action against a Debtor's improvement districts formed under Arkansas law because the improvement districts are neither property of the Debtor nor the...
Judge(s):
Loken, Bye, and Melloy
Tag(s):

Search Market Direct, Inc. v. Jubber (In re Paige)

Citation:
Search Market Direct Inc. v. Jubber (In re Paige), D.C. No. 2:07-CV-00822-DB; BAP No. UT-08-062; D.C. No. 2:09-CV-00988-DB (11th Cir., July 16, 2012)
Ruling:
The Court held: The confirmed Chapter 11 plan was proposed in good faith and was fair and equitable; A proposed competing plan could not have been confirmed because it was not feasible; The...
Judge(s):
BRISCOE, Chief Judge, HOLLOWAY and KELLY, Circuit Judges.
Tag(s):

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