Michael Collins v. Tenn. Dep't of Revenue (In re Faye Foods, Inc.)

Citation:
18-5378/5386 (6th Circuit, Mar 06,2019) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...
Judge(s):
Daughtrey, Gibbons and Griffin; Opinion by Gibbons
Tag(s):

Carroll v. Abide (In the Matter of Carroll)

Citation:
16-30996 (5th Circuit, Mar 13,2017) Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit noted the Bankruptcy Court's ability to sanction the conduct of individuals under both its inherent powers as well as under 28 U.S.C. § 1651 and 11 U.S.C. § 105. Looking first...
Judge(s):
Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
Tag(s):

Galaz v. Katona (In the Matter of Galaz)

Citation:
Case No. 15-50919 (5th Cir. Oct. 28, 2016)
Ruling:
AFFIRMED bankruptcy court's injunctive relief, concluding that post-confirmation jurisdiction existed, and that the prior settlement order barred the defendant (Galaz) from pursuing claims against...
Judge(s):
Clement, Weiner, Costa
Tag(s):

Failla v. Citibank, N.A. (In re Failla)

Citation:
Failla v. Citibank, N.A. (In re Failla), No. 15-15626 (11th Cir. Oct. 4, 2016)
Ruling:
The word "surrender" in 11 U.S.C. § 521(a)(2) requires that a debtor who designates in his schedules that he will surrender a particular property to, in fact, relinquish his right to possess that...
Judge(s):
Marcus, Pryor, and Lawson (District Court Judge)
Tag(s):

Clabaugh v. Grant (In re Grant)

Citation:
Clabough v. Grant. (In re Grant), Case No. 16-6062 (10th Cir. September 20, 2016). Unpublished
Ruling:
Bankruptcy courts do not have authority to use their equitable powers to disallow exemptions or amendments to exemptions due to bad faith or misconduct; any equitable powers can only be exercised...
Judge(s):
Matheson, McKay, O’Brien
Tag(s):

Grossman v. Wehrle (In re Royal Manor Management, Inc.)

Citation:
File Name 16a0324n.06; Docket No. 15-3146
Ruling:
In an unpublished opinion, the Sixth Circuit Court of Appeals affirms the ruling of the Bankruptcy Appellate Panel in In re Royal Manor Management, Inc., 525 B.R. 338 (B.A.P. 6th Cir. 2015),...
Judge(s):
Norris, McKeague and White; opinion by White
Tag(s):

Caesars Entertainment Operating Co., Inc., et al. v. Bokf, N.A., et al. (In re Caesars Entertainment Operating Co., Inc.)

Citation:
Caesers Entm’t Operating Co., Inc. v. BOKF, N.A., et al. (In re Caesers Entm’t Operating Co., Inc.), Case No. 15-3259 (7th Cir. December 23, 2015).
Ruling:
Bankruptcy Code section 105(a) gives bankruptcy courts extensive equitable powers to enter orders that are appropriate to carry out the provisions of the Bankruptcy Code and whether a given order...
Judge(s):
Posner, Manion, Sykes (Posner)
Tag(s):

Biltmore Investments, LTD v. TD Bank, N.A.

Citation:
Biltmore Investments, LTD v. TD Bank, N.A., Case No. 15-1076 (4th Cir. Oct. 1, 2015) (unpublished) (per curiam).
Ruling:
The court of appeals held the automatic stay expired upon confirmation of a Chapter 11 plan of reorganization. The district court erred in extending the automatic stay stay to enjoin a bank from...
Judge(s):
Before Circuit Judges Paul V. Niemeyer,Robert B. King, and Roger L. Gregory.
Tag(s):

Redmond v. Jenkins and Cimarron Energy Co., LLC (In re Alternate Fuels, Inc.)

Citation:
Redmond v. Jenkins, et al. v. Pommier, et al. (In re Alternate Fuels, Inc.), Case No. 14-3086 (10th Cir. June 12, 2015). Published.
Ruling:
Recharacterization is essential to a court’s ability to properly implement the priority scheme of the Bankruptcy Code and is determined under § 105(a) and not § 502(b); thus, the 10th...
Judge(s):
Kelly, Baldock, Phillips; Phillips Dissenting
Tag(s):

Wheeler v. Collier (In the Matter of Wheeler)

Citation:
Case No. 14-30961 (5th Cir. Mar. 4, 2005)
Ruling:
Fifth Circuit VACATED district court order insofar as it issued criminal sanctions and enjoined law firm because the minute entry was not sufficient notice that the hearing was being held for...
Judge(s):
Smith, Prado and Owen, Circuit Judges
Tag(s):

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