Hernandez v. Hopper (In re Hernandez)

• Summarized by Omid Moezzi ,
• 12 years 10 months ago

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9th Cir. (Bankruptcy Appellate Panel) April 11, 2013 Case No. EC-12-1537-DJuMk (NOT FOR PUBLICATION).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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Claims
• Financial Advisors
• Valuation
• Venue/Jurisdiction
• § 541
• § 542

North American Banking Co. v. Leonard (In re WEB2B Payment Solutions, Inc.)

• Summarized by Brendan Gage , Goulston & Storrs PC
• 12 years 11 months ago

Citation:

No. 12-6047 (B.A.P. 8th Cir. Mar. 25, 2013)

Ruling:

Affirming the bankruptcy court (the “BC”), the Bankruptcy Appellate Panel (the “BAP”) for the Eighth Circuit held that a creditor loses its possessory lien in deposit accounts when it...

Judge(s):

Federman, Chief Judge, Schermer, and Nail, bankruptcy judges.

Tag(s):

• 8th Circuit
• Finance and Banking
• Practice and Procedure
• Uniform Commercial Code/Article 9
• § 362
• § 542

Avenue CLO Fund Ltd. v. Bank of America, N.A.

• Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
• 13 years 1 week ago

Citation:

Avenue CLO Fund Ltd. v. Bank of America, N.A., Case No. 11-10468 (11th Cir. Feb. 20, 2013)

Ruling:

Affirming the district court's rulings, the 11th Circuit concluded that (A) the plaintiff Term Lenders lacked standing to enforce the defendant Revolving Lenders' promise to lend to Borrowers under...

Judge(s):

Tjoflat, Martin and Bucklew (sitting by designation)

Tag(s):

• 11th Circuit
• Finance and Banking
• § 542

Newman v. Schwartzer (In re Newman)

• Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
• 13 years 3 weeks 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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Rule 9024
• § 541
• § 542

Collect Access LLC v. Hernandez (In re Hernandez)

• Summarized by Dean Rallis , Hahn & Hahn, LLP
• 13 years 2 months ago

Citation:

BAP No. SC-12-1209 JuMkPa (consolidated with BAP No. SC-12-1217 JuMkPa (for publication)

Ruling:

The Ninth Circuit BAP (Panel) affirmed (on other grounds) the Bankruptcy Court's order compelling a judgment lien creditor to turnover funds levied upon pre-petition to the chapter 7 debtor.

Judge(s):

JURY, MARKELL, and PAPPAS, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Automatic Stay
• Claims
• Practice and Procedure
• Rule 7001
• Rule 9014
• § 541
• § 362
• § 522
• § 542
• § 105

Compton v. Anderson (In re MPF Holdings US LLC)

• Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
• 13 years 3 months ago

Citation:

Compton v. Anderson (In re MPF Holdings US LLC), No. 11-20478 (5th Cir. Nov. 14, 2012)

Ruling:

Vacating the Bankruptcy Court, the Fifth Circuit held that a reservation of jurisdiction clause of the plan of reorganization was sufficiently specific and unequivocal because the plan stated the...

Judge(s):

Stewart, DeMoss, Graves

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• Preferences
• Venue/Jurisdiction
• Unsecured Trade Creditors
• § 542
• § 742
• § 1123
• § 543
• § 544
• § 545
• § 547
• § 548
• § 549

Rushton v. Bank of Utah (In re C.W. Mining Co.)

• Summarized by Daniel Glasser , Chipman Glasser LLC
• 13 years 5 months ago

Citation:

Kenneth A. Rushton v. Bank of Utah, BAP No. UT-11-098 (B.A.P. 10th Cir. Sept. 5, 2012).

Ruling:

The 10th Circuit BAP affirmed the bankruptcy court's denial of the Chapter 7 Trustee's Motion for Summary Judgment. The bankruptcy court properly denied the Trustee's avoidance claim under 11...

Judge(s):

Nugent, Karlin and Hall

Tag(s):

• 10th Circuit
• Automatic Stay
• § 362
• § 502
• § 542

Lovald v. Falzerano (In re Falzerano)

• Summarized by Omid Moezzi ,
• 13 years 7 months ago

Citation:

8th Cir. Court of Appeals [Case No. 11-2938 (July 23, 2012)]

Ruling:

AFFIRMING the BAP order denying the turnover action of the Chapter 7 Trustee on the grounds that unjust enrichment claims exceeds the scope of 11 U.S.C. Section 542(a).

Judge(s):

Loken, Colloton, and Shepherd.

Tag(s):

• 8th Circuit
• Agriculture/PACA
• Real Estate
• § 541
• § 542

Search Market Direct, Inc. v. Jubber (In re Paige)

• Summarized by Neal Paul Donnelly , Soros Fund Management LLC
• 13 years 7 months ago

Citation:

Search Market Direct Inc. v. Jubber (In re Paige), D.C. No. 2:07-CV-00822-DB; BAP No. UT-08-062; D.C. No. 2:09-CV-00988-DB (11th Cir., July 16, 2012)

Ruling:

The Court held: The confirmed Chapter 11 plan was proposed in good faith and was fair and equitable; A proposed competing plan could not have been confirmed because it was not feasible; The...

Judge(s):

BRISCOE, Chief Judge, HOLLOWAY and KELLY, Circuit Judges.

Tag(s):

• 10th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Plan Confirmation
• Professional Compensation/Fees
• § 101
• § 362
• § 542
• § 1123
• § 1104
• § 1129

Lovald v. Falzerano (In re Falzerano)

• Summarized by Leslie Harrell-Latham , Tower Legal Solutions
• 14 years 6 months ago

Citation:

No. 11-6036

Ruling:

The Eighth Circuit BAP affirmed the judgment against the Trustee in his turnover action that was predicated entirely upon an unjust enrichment claim. The BAP held that section 542(b) and not...

Judge(s):

Kressel, Schermer, and Venters

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• Claims
• Practice and Procedure
• § 542

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