Home » Chapter 5 » SUBCHAPTER III » § 541

Wilson v. Dollar General Corp.

  • Summarized by John Bollinger , Boleman Law Firm, PC
  • 9 years 10 months ago
Citation:
Wilson v. Dollar General et al., Case No.12-1573 (4th Cir. May 17, 2013)
Ruling:
AFFIRMING the District Court, the 4th Circuit Court of Appeals upheld the District Court’s granting of summary judgment in favor of Dollar General. The Court first held that a Chapter 13 Debtor...
Judge(s):
Circuit Judges Thacker, Niemeyer and Agee
Tag(s):

Goddard v. Heldt (In re Heldt)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 9 years 10 months ago
Citation:
No. 12-6027 (10th Cir. May 14, 2013)
Ruling:
Affirming the judgment of the bankruptcy court (“BC”), the Tenth Circuit held that a trustee was disqualified from exercising the powers of a hypothetical bona fide purchaser (“BFP”) under...
Judge(s):
Lucero, Anderson, and Baldock, Circuit Judges.
Tag(s):

Weber v. SEFCU (In re Weber)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 9 years 10 months ago
Citation:
Docket No. 12-1632-bk (2nd Cir. May 8, 2013)
Ruling:
AFFIRMED District Court and held that failing to deliver repossessed vehicle to the debtor promptly after receiving notice of pending petition constituted willful violation of the automatic stay...
Judge(s):
Circuit Judges Cabranes, Raggi, and Carney (Decision by Susan L. Carney).
Tag(s):

Longaker v. Boston Scientific Corp.

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 9 years 11 months ago
Citation:
No. 12-2482 (8th Cir. Apr. 26, 2013)
Ruling:
To have standing to assert a breach of contract action where the debtor seeks monies that allegedly constitute earnings for postpetition services that are exempt from property of the estate under ...
Judge(s):
Wollman, Bye, and Benton, Circuit Judges.
Tag(s):

Wooley v. Haynes & Boone, L.L.P. (In re SI Restructuring Inc.)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 9 years 11 months ago
Citation:
Case No. 11-51106 (5th Cir. April 18, 2013)
Ruling:
AFFIRMED bankruptcy's court's denial of a creditor's motion to pursue post-confirmation causes of action on behalf of reorganized Debtor due to a lack of standing to sue and rejected blanket...
Judge(s):
Wiener, Clement, and Prado, Circuit Judges
Tag(s):

Hernandez v. Hopper (In re Hernandez)

Citation:
9th Cir. (Bankruptcy Appellate Panel) April 11, 2013 Case No. EC-12-1537-DJuMk (NOT FOR PUBLICATION).
Ruling:
AFFIRMING the bankruptcy court's order which sustained the chapter 7 trustee's objection to debtors' claim of exemptions.
Judge(s):
Dunn, Jury and Markell.
Tag(s):

Seaver v. Klein-Swanson (In re Klein-Swanson)

Citation:
8th. Cir BAP (Case No. 12-6054) - March 22, 2013
Ruling:
Reversal of the bankruptcy court's ruling in favor of the Chapter 7 trustee stating that (1) there was no transfer of funds under Section 549 or 550 to the debtor, (2) the trustee failed to show...
Judge(s):
Federman, Schermer and Nail.
Tag(s):

Rajala v. Gardner

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 2 weeks ago
Citation:
Rajala v. Gardner, et al., No. 12-3113 (10th Cir. March 12, 2013)
Ruling:
The Tenth Circuit affirmed the U.S. District Court's (Kansas) order granting motions to distribute funds held in escrow to two non-debtor parties over the objection of the Chapter 7 trustee, who...
Judge(s):
Kelly, Murphy, and Tymkovich
Tag(s):

Newman v. Schwartzer (In re Newman)

  • Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
  • 10 years 1 month ago
Citation:
Newman v. Schwartzer (In re Newman), --B.R.-- (9th Cir. B.A.P. February 4, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the decision of the Bankruptcy Court holding that, although the Debtor had spent a tax refund prior to the entry of an order for...
Judge(s):
Jury, Kirscher, and Dunn, Bankruptcy Judges
Tag(s):

DeGiacomo v. Traverse (In re Traverse)

  • Summarized by Samuel Mushell , Americans United for Government Reform
  • 10 years 1 month ago
Citation:
Bankruptcy Case No. 11-17703-WCH
Ruling:
The U.S. Bankruptcy Appellate Panel for the First Circuit affirmed the Massachusetts Bankruptcy Court's granting of summary judgment in favor of the Chapter 7 trustee, allowing him to preserve an...
Judge(s):
Haines, Deasy, Tester
Tag(s):

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