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IN RE MASTRO

  • Summarized by Thomas Phinney , Parkinson Phinney
  • 6 months 6 days ago
Citation:
WW-17-1226-TaSKu (9th Circuit, Jun 05,2018) Published
Case Status:
Reversed and Remanded
Ruling:
9th Cir. BAP held that a bankruptcy court has authority under § 105(a) and Rule 2004 to compel a debtor to sign a "Consent Directive" which directs foreign banks and financial institutions that...
Judge(s):
TAYLOR, SPRAKER, and KURTZ, Bankruptcy Judges
Tag(s):

Perez v. Deutsche Bank National Trust Co.

Citation:
___ B.R. ___ (1 st. Cir BAP 2016) BAP NO. MS 16-007
Ruling:
The Bankruptcy Appellate Panel affirms the bankruptcy court's ruling that a postponement of a foreclosure sale did not violate the automatic stay. The BAP maintains the First Circuit approach that...
Judge(s):
Lamoutte, Deasy and Cary.
Tag(s):

In re Tench

  • Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
  • 2 years 7 months ago
Citation:
Case No. 15-8026 (6th Cir. BAP 2016)
Ruling:
There is no provision in Chapter 13 for a proof of claim filed after the bar date. Rule 3002 sets bar date that can be expanded only for specific grounds which did not apply. Rule 9006 did not...
Judge(s):
Delk, Humphrey, Opperman
Tag(s):

Mayor, et al. v. Wolkowitz (In re Cinevision International, Inc.)

  • Summarized by Thomas Phinney , Parkinson Phinney
  • 2 years 9 months ago
Citation:
9th Cir BAP No. CC-15-1227-FCTa (Feb. 17, 2016) (unpublished)
Ruling:
Bankruptcy court properly awarded Chapter 7 Trustee sanctions of $99,745.24 against principals of Debtor corporation under Section 105(a) and 542 for violating the stay and refusing to turnover...
Judge(s):
FARIS, CORBIT, and TAYLOR
Tag(s):

Needler v. Casamatta (In re Miller Automotive Group, Inc.)

  • Summarized by Elizabeth Gunn , Virginia Office of the Attorney General
  • 3 years 4 months ago
Citation:
Needler v. Casamatta (In re Miller Automotive Group, Inc.), Case No. 14-6047 (8th Cir. B.A.P. August 12, 2015)
Ruling:
Section 350 clearly provides statutory authority to reopen a closed case and there is no requirement that a bankruptcy court must expressly retain jurisdiction when dismissing a case in order to...
Judge(s):
Schermer, Saladino and Shodden (Bankruptcy Judges)
Tag(s):

Green Point Credit, LLC v. McLean (In re McLean)

Citation:
Green Point Credit, LLC v. McLean (In re McLean), Case No. 14-14002 (11th Cir. July 23, 2015).
Ruling:
The Eleventh Circuit concluded that Green Point Credit, LLC and Green Tree Servicing, LLC (collectively, "Green Tree") violated the discharge injunction by filing a proof of claim in the debtors'...
Judge(s):
Carnes, Chief Judge, and Pryor, J., and Black, Circuit Judges.
Tag(s):

SE Property Holdings, Inc. v. Seaside Engineering & Surveying, Inc. (In re Seaside Engineering & Surveying, Inc.)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 3 years 9 months ago
Citation:
--- F.3d ---- (11th Cir. Mar. 12, 2015)
Ruling:
Affirmed. Equity holder being paid in full for interest in debtor under plan cannot block plan by insisting on being equity holder in reorganized debtor. Going concern method was appropriate...
Judge(s):
MARTIN, ANDERSON, and COTE (District Judge (S.D.N.Y) sitting by designation)
Tag(s):

Baker v. Baker (In the Matter of Baker)

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 3 years 9 months ago
Citation:
No. 14-10569 (non-precedential)
Ruling:
Fifth Circuit AFFIRMED lower courts' rulings that bankruptcy court could exercise jurisdiction to interpret and enforce its own prior sale order. District Court further did not commit err by...
Judge(s):
KING, DAVIS, and OWEN (per curiam)
Tag(s):

Picard v. Fairfield Greenwich; Picard v. Schneiderman

  • Summarized by David Banker , Lowenstein Sandler LLP
  • 4 years 4 months ago
Citation:
Picard v. Fairfield Greenwich; Picard v. Schneiderman, 13‐1289‐bk (L) 13‐1392‐cv (CON); 13‐1785, (2d Cir. August 8, 2014)
Ruling:
The United States Court of Appeals for the Second Circuit held that the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (ʺBLMISʺ) and of the bankruptcy estate of...
Judge(s):
SACK, CHIN, and DRONEY, Circuit Judges
Tag(s):

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