The BAP REVERSED the bankruptcy court’s judgment under Counts I and II, REMANDED for the entry of a judgment against the Trustee on those counts, VACATED the bankruptcy court's judgment...
Judge(s):
Appeal from the USBC-Maine (Honorable James B. Haines, Jr.) before US BAP for 1st Circuit, Judges Boroff, Deasy and Tester.
Tex R Civ P 11 requires agreements between parties to be reduced to writing or have been placed on the record of the court. Absent compliance with Rule 11 or qualifying as an exception under...
Internal Revenue Service v. WorldCom, Inc. (In re WorldCom, Inc.), Second Circuit Court of Appeals Case No. 12-803
Ruling:
In reversing and remanding District Court's affirmance of Bankruptcy Court's granting of Debtors' objection to IRS's proof of claim and Debtors' motion for refund of previously paid taxes, Second...
Judge(s):
A.Kearse, R. Katzmann and J.Rakoff (District Judge sitting by designation)
A.B.C. Learning Centres Ltd.; ABC Developmental Learning Centers (USA), Inc., v. RCS Capital Development, LLC; American Childcare Properties, LLC; ACCP I, LLC., (In re: RCS Capital Development , LLC; American Childcare Properties, LLC; ACCP I, LLC) BAP No. AZ-12-1381-JuTaAh (2013)
Ruling:
B.A.P. AFFIRMS the bankruptcy court's ruling granting RCS's Motion for Summary Judgment which allows the setoff and denies ABC's cross MSJ. Additionally, the Court REVERSES and REMANDS the...
Seventh Circuit Court of Appeals AFFIRMED the decision of the the Bankruptcy Court holding that the Bankruptcy Court's interpretation of section 506(d) as stated in Dewsnup v. Timm (502 U.S. 410...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
12 years 8 months ago
Citation:
Wren Alexander Investments, L.L.C. v. Internal Revenue Service (In re: Wren Alexander Investments, L.L.C.), Case No. 12-50376 (5th Cir. June 4, 2013)
Ruling:
Affirmed lower courts' allowance of the IRS' claim against the debtor based upon a pre-petition lien on real property that the debtor aquired on the eve of bankruptcy from a delinquent third-party...
BAP No. CC-12-1445-MkTaJu (B.A.P. 9th Cir. May 29, 2013) (NOT FOR PUBLICATION)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit AFFIRMED the bankruptcy court's allowance of bank's claim, but without prejudice to debtor's filing in the bankruptcy court a § 502(j)...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 9 months ago
Citation:
Staker v. Jubber (In re D. Staker) (10th Circuit Court of Appeals 12-4209 &12-4210 (2013))
Ruling:
In an objection to a claim filed pursuant to FRBP 3007, the objecting party is prohibited from requesting the court determine the validity, priority, or extent of lien or other interest in property...
Judge(s):
John C. Porfilio Senior Circuit Judge; Judge Kelly & Judge Holmes
Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)
Ruling:
In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of...
Judge(s):
Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.
BAP No. CC-12-1304-TaMoMk (B.A.P. 9th Cir. May 6, 2013) (NOT FOR PUBLICATION)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's order disallowing Claims (only with respect to guaranty liabilities and bankruptcy legal fees) and REMANDED the...
Judge(s):
TAYLOR, MONTALI (sitting by designation), and MARKELL
