Sears v. U.S. Trustee (In re AFY)

Citation:
11-2283
Ruling:
The Eighth Circuit affirmed the District Court holding that the appeals of the Debtor's principals and of an entity related to the Debtor must be dismissed. The Debtor's principals appealed from an...
Judge(s):
Riley, Loken, and Shepherd
Tag(s):

U.S. Bank Trust N.A. v. AMR Corp. (In re AMR)

Citation:
In re AMR Corp., No. 13-1204, 2013 WL 4840474 (3d Cir. Sept. 12, 2013).
Ruling:
The panel for the Second Circuit denied U.S. Bank’s appeal from bankruptcy court decisions authorizing Debtors AMR and American Airlines to obtain postpetition financing and to repay certain...
Judge(s):
Livingston, Lynch, Lohier, Lane
Tag(s):

Reno Snax Sales, LLC v. Heritage Bank of Nevada (In re Reno Snax Sales, LLC)

Citation:
In re Reno Snax Sales, LLC, (Reno Snax Sales, LLC v. Heritage Bank of Nevada) NV-12-1512-DKiCo, 9th Cir. B.A.P. (2013).
Ruling:
Heritage Bank was not required to comply with the notice provisions of N.R.S. 482.516 and Article 9 in order to assert a claim to recover any deficiency out of the Reno Snax sale proceeds,...
Judge(s):
DUNN, KIRSCHER, and COLLINS, Bankruptcy Judges
Tag(s):

Alton v. KeyBank, N.A. (In re Powell's International, Inc.)

Citation:
Bk. No. 10-02965-GBN
Ruling:
The bankruptcy appellate panel found Non-Debtor Mr. Alton's appeals moot. While Alton may equitably be entitled to $126,000, there is no mechanism under the Code for satisfying his claim. Based...
Judge(s):
Taylor, Ahart, Jury
Tag(s):

Gentile v. DeGiacomo (In re Gentile)

Citation:
Gentile v. DeGiacomo (In re Gentile), BAP No. MB 12-071 (1st Cir. BAP, May 20, 2013)
Ruling:
By 2-1 decision, the Panel dismissed the debtors’ appeal of a bankruptcy court order granting the chapter 7 trustee’s motion to sell real estate fully-encumbered by a disputed lien for lack of...
Judge(s):
Lamoutte (dissenting), Kornreich (writing for the majority), and Cabán
Tag(s):

Peoples National Bank, N.A. v. Banterra Bank

Citation:
Case No. 12-3079 (7th Cir. May 20, 2013)
Ruling:
A cross-collateralization clause in first priority mortgage put second priority mortgagee on inquiry notice of debt in excess of promissory note specified in first mortgage. Therefore, first...
Judge(s):
Kanne, Williams and Zagel (by designation from the Northern District of Illinois).
Tag(s):

Fire Eagle L.L.C. v. Bischoff (In re Spillman Development Group, Ltd.)

Citation:
5th Cir. Court of Appeals - Case No. 11-51057
Ruling:
The Court of Appeals AFFIRMED the District Court's ruling, which affirmed the bankruptcy court's ruling that granted the summary judgment of two consolidated matters.
Judge(s):
Circuit Court Judges REAVLEY, DENNIS and CLEMENT.
Tag(s):

TC Healthcare I, LLC v. Dupuis (In re Haven Eldercare, LLC)

Citation:
TC Healthcare I, LLC v. Dupuis (In re Haven Eldercare, LLC), Case No. 12-468-bk (2d Cir. Nov. 15, 2012) (summary order) [Not Precedential]
Ruling:
The Circuit Court AFFIRMED the District Court judgment barring, as res judicata, the motion of the Appellant, a Section 363 purchaser of the Debtor's assets, seeking an order declaring that...
Judge(s):
Barrington D. Parker, Reena Raggi, and Gerard Lynch.
Tag(s):

Lefkowitz v. Michigan Trucking, LLC (In re Gainey Corp.)

Citation:
BAP 6th Cir. (Case No. 11-8038)
Ruling:
AFFIRMING the bankruptcy court's ruling for an order dismissing the Appellant's (the Liquidation Trustee) adversary complaint for failure to state a claim for relief pursuant to Federal Rule of...
Judge(s):
Fulton, McIvor and Shea-Stonum.
Tag(s):

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