LVNV Funding, LLC v. Harling, v. Simmons-Beasley

Citation:
No. 16-1346 and 16-1347 (consolidated for appeal) (4th Circuit, Mar 30,2017) Published
Case Status:
Affirmed
Ruling:
Held that the Debtors’ objections to LVNV’s proofs of claim as an unsecured creditor are not barred by the doctrine of res judicata. There was no adjudication of the claim of any individual...
Judge(s):
Before Circuit Judges Agee, Keenan and Thacker. Affirmed by published opinion authored by Judge Agee, in which Judge Keenan and Judge Thacker joined.
Tag(s):

The Bankruptcy Law Firm, PC v. Siegel (In re Waksberg M.D., Inc.)

Citation:
BAP No. CC-15-1109-TaKuKi (BAP 9th Cir. Dec. 22, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) allowing fees and costs as an administrative expense, but in a substantially lower amount than desired by...
Judge(s):
Taylor, Kurtz, Kirscher
Tag(s):

Food Employers Labor Relations Assoc. v. The Great Atlantic & Pacific Tea Co.

Citation:
14-3349-bk; 2d. Cir. July 2, 2015 (Summary Order - No precedential effect)
Ruling:
The United States Court of Appeals for the Second Circuit affirmed the United States District Court for the Southern District of New York's judgment affirming the Bankruptcy Court's holding that...
Judge(s):
Guido Calabresi, Circuit Judge Debra Ann Livingston, Circuit Judge William K. Sessions III, United States District Court for the District of Vermont, sitting by designation
Tag(s):

Siller v. Big Hill Logging and Road Building Company, Inc. (In re CWS Enterprises, Inc.)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case Nos. EC-14-1195-PaJuKu and EC-14-1273-PaJuKu (June 12, 2015)
Ruling:
In the unpublished ruling from the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court on the basis that Charles Siller ("Siller") was the principal of the...
Judge(s):
PAPPAS, JURY, and KURTZ, Bankruptcy Judges.
Tag(s):

GE Capital Commercial, Inc. v. Sylva Corp (In re Sylva Corp)

Citation:
GE Capital Commercial, Inc. v. Sylva Corp (In re Sylva Corp), No. 14-61016 (BAP 8th Cir. Nov. 26, 2014)
Ruling:
The BAP for the 8th Circuit reversed and remanded to the bankruptcy court (D. Minn.) after the bankruptcy court denied an equipment lessor's motion for administrative expense claim. The BAP ruled...
Judge(s):
Federman, Saladino, Shodeen
Tag(s):

P.R. Electric Power Authority v. Wiscovitch-Rentas

Citation:
BAP No. PR 13-050 (B.A.P. 1st Cir. Sept. 23, 2014)
Ruling:
The Bankruptcy Appellate Panel vacated the bankruptcy’s court’s order denying Puerto Rico Electric Power Authority’s motion for payment of administrative expenses and remanded to the...
Judge(s):
Hillman, Hoffman, and Finkle, United States Bankruptcy Appellate Panel Judges.
Tag(s):

Meruelo v. Reorganized Meruelo Maddux Prop., Inc. (In re Meruelo Maddux Prop., Inc.)

Citation:
9th Circuit BAP No. CC-13-1494-KiTaD (August 26, 2014)
Ruling:
The BAP VACATED the order of the bankruptcy court for abuse of discretion in applying the "reasonableness" standard under Section 502(b)(4) to a post-petition claim for administrative expense based...
Judge(s):
Kirscher, Taylor, and Dunn
Tag(s):

Route 21 Assoc. of Belleville, LLC v. Millennuim Custodial Trust (In re Lyondell Chemical Company)

Citation:
In re Lyondell Chemical Co. --- Fed.Appx. ----, 2013 WL 5733196 C.A.2 (N.Y.),2013.
Ruling:
This Summary Order’s terms render it of no precedential value. Nevertheless, all information is instructive. The Summary Order adopted the District Court’s decision which denied a purchaser...
Judge(s):
ROSEMARY S. POOLER, GERARD E. LYNCH, CHRISTOPHER F. DRONEY,
Tag(s):

USA, IRS v. Lange (In re Netal, Inc.)

Citation:
Internal Revenue Service v. Lange, Chapter 7 Trustee
Ruling:
The BAP reversed the bankruptcy court's denial of the Internal Revenue Service's ("Government") motion for an evidentiary hearing on its Sec. 507(b) motion in the event the bankruptcy court found...
Judge(s):
Kressel, Schermer, and Shodeen
Tag(s):

Kipperman v. IRS (In re 800Ideas.com, Inc.)

Citation:
Kipperman v. IRS (In re 800Ideas.com, Inc.), Case No. 12-1496 (9th Cir. BAP July 22, 2013)
Ruling:
The Ninth Circuit BAP agreed with the bankruptcy court’s decision that the tax penalties were properly assessed because the trustee failed to demonstrate reasonable cause for his delay in filing...
Judge(s):
Jury, Bason, and Pappas
Tag(s):

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