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Summarizing by Paris Gyparakis

Bank of England v. Rice (In re Webb)

Citation:
Eighth Circuit Court of Appeals Docket No. 13-1495
Ruling:
Affirming the decision of the District Court for the Eastern District of Arkansas, which had affirmed the ruling of the Bankruptcy Court for the Eastern District of Arkansas, the Eighth Circuit...
Judge(s):
Loken, Murphy and Smith; Opinion by Murphy.
Tag(s):

Jones v. Mullen (In re Jones)

Citation:
Jones v. Mullen (In re Jones), BAP No. AZ-12-1644-DPaKu (B.A.P. 9th Cir. Feb. 5, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the Bankruptcy Court’s order approving the Chapter 7 Trustee’s sale of real property transferred to Debtor post-petition upon the...
Judge(s):
Dunn, Pappas and Kurtz, Bankruptcy Judges
Tag(s):

Dale v. Maney (In re Dale)

Citation:
In Re Dale, 9th Cir. B.A.P., AZ-13-1251-DPaKu, (Feb. 5, 2014)
Ruling:
In a published opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy court ruling that an inheritance received by the debtor, 180 days following the petition date but prior to...
Judge(s):
DUNN, PAPPAS, and KURTZ,
Tag(s):

Marshall v. Picard (In re Bernard L. Madoff Investment Securities LLC)

Citation:
Docket No. 12-1645 (2d Cir. Jan. 13, 2014)
Ruling:
AFFIRMING the district court’s order, which affirmed the bankruptcy court’s approval of a settlement agreement and issuance of a permanent injunction that had the effect of enjoining the...
Judge(s):
Cabranes, Raggi, and Carney (Circuit Judges)
Tag(s):

Tracht Gut, LLC v. County of Los Angeles and Tax Collector (In re Tracht Gut, LLC)

Citation:
12-20308 (MT); CC-13-1229-PaTaD (BAP 9th Cir. Jan. 3, 2014)
Ruling:
The bankruputcy court's rulings were AFFIRMED. The BAP held that the bankruptcy court: (i) did not err in dismissing the Debtor's complaint under Fed.R.Civ.P. 12(b)(6); (ii) did not abuse its...
Judge(s):
Pappas, Taylor and Dunn
Tag(s):

Tyler v. DH Capital Management, Inc.

Citation:
6th Circuit, File Name: 13a0327a.06, Case No. 13-5021 (November 7, 2013)
Ruling:
The 6th Circuit ruled that Plaintiff Tyler's claim was based on a pre-petition violation and thus, property of the bankruptcy estate, which he failed to disclose at any time; affirming the...
Judge(s):
BOGGS and SILER, Circuit Judges; and DOWD, District Judge (Judge Dowd (ND OH), sitting by designation.)
Tag(s):

Carroll v. Logan

Citation:
Carroll v. Logan, ___ F.3d ___, Case No. 13-1024 (4th Cir. October 28, 2013).
Ruling:
The Fourth Circuit adopted the majority view that section 1306 modifies the section 541 time period in Chapter 13 cases. Accordingly, a Chapter 13 bankruptcy estate consists of (i) property...
Judge(s):
Niemeyer, Wynn, and Floyd
Tag(s):

Tyler v. DH Capital Management, Inc.

Citation:
No. 13-5021, 2013 U.S. App. LEXIS 21353 (6th Cir. Oct. 22, 2013)
Ruling:
The judgment of the district court was affirmed. The claims asserted by the debtor are property of his bankruptcy estate and have not been abandoned by the trustee. All causes of action that...
Judge(s):
Boggs, Siler, and Dowd
Tag(s):

In re Underhill

Citation:
2013 FED App.004P (6th Cir.) File No.13b0004p.06
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed the decision of the Bankruptcy Court for the Southern District of Ohio reopening the debtors' bankruptcy, and remanded the case to the...
Judge(s):
Emerson, Lloyd and McIvor; opinion by McIvor
Tag(s):

Wilmington Trust Company, et al. v. Yvette Weinstein, et al. (In re Community Bancorp)

Citation:
No. 10–20038 (B.A.P. 9th Cir. Aug. 20, 2013) (not for publication)
Ruling:
Affirming the order of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel of the Ninth Circuit held that a settlement between the trustee and the Federal Deposit Insurance Corporation...
Judge(s):
Kirscher, Collins and Dunn, Bankruptcy Judges
Tag(s):

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