Clabaugh v. Grant (In re Grant)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 9 years 5 months ago

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 Unpublished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):

• 10th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• 11 U.S.C § 105
• 11 U.S.C § 522
• 11 U.S.C § 523

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

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 9 years 8 months ago

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In an unpublished opinion, the Sixth Circuit Court of Appeals affirms the ruling of the Bankruptcy Appellate Panel in In re Royal Manor Management, Inc., 525 B.R. 338 (B.A.P.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):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• 11 U.S.C § 105

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

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 10 years 2 months ago

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):

• 7th Circuit
• Business Reorganization
• 11 U.S.C § 105

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

• Summarized by Ann Brogan , Davey | Brogan, PC
• 10 years 5 months ago

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Biltmore Investments, LTD v. TD Bank, N.A., Case No. 15-1076 (4th Cir. Oct. 1, 2015) (unpublished) (per curiam).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):

• 4th Circuit
• Automatic Stay
• Business Reorganization
• Corporate Governance
• Plan Confirmation
• 11 U.S.C § 105
• § 1141
• § 362

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

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 10 years 8 months ago

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):

• 10th Circuit
• Claims
• Bankruptcy Litigation
• 11 U.S.C § 105
• 502
• § 510

Wheeler v. Collier (In the Matter of Wheeler)

• Summarized by John Jones , J. R. Jones Law PLLC
• 11 years 2 days ago

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):

• 5th Circuit
• Consumer Bankruptcy
• Ethics
• 7065
• 11 U.S.C § 105
• § 362
• § 524
• § 526
• § 528

In re Royal Manor Management

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 11 years 3 weeks ago

Citation:

15 FED App. 0002P; Docket Nos. 13-8054; 14-8018

Ruling:

The Bankruptcy Appellate Panel (BAP) affirms the Bankruptcy Court for the Northern District of Ohio, which a) imposed sanctions of $207,004 against a creditor's counsel; b) denied a motion to...

Judge(s):

Harrison, Humphrey and Preston; opinion by Humphrey

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Professional Compensation/Fees
• Rule 7069
• 11 U.S.C § 105

Goldman v. Gerard (In re Gerard)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 11 years 2 months ago

Citation:

Goldman v. Gerard (In re Gerard), BAP No. CC-14-1028 (BAP 9th Cir. Dec. 08, 2014)

Ruling:

In the unpublished decisions, the Ninth Circuity Bankruptcy Appellate Panel dismissed Creditor Diane Goldman ("Goldman") appeal of an order granting Debtor to reopen an adversary proceeding and...

Judge(s):

Kirscher, Taylor, Dunn

Tag(s):

• 9th Circuit
• Discharge/Dischargeability
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• Rule 8001
• 11 U.S.C § 105
• 11 U.S.C § 523

In re E.C. Morris Corp

• Summarized by Caralyce Lassner , Caralyce M. Lassner, JD
• 11 years 2 months ago

Citation:

14 FED App 0010P (6th Cir)

Ruling:

Where the court lacks subject matter jurisdiction, an order denying a Motion to Enforce Order Approving Compromise of Claims is appropriate.

Judge(s):

Harrison, Humphrey, Lloyd.

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Venue/Jurisdiction
• 11 U.S.C § 105

Sui v. Marshack (In re Sui)

• Summarized by Lars Fuller , BakerHostetler
• 11 years 3 months ago

Citation:

Sui v. Marshack (In re Sui), BAP No. CC-13-1572-TaSpD (BAP 9th Cir. Nov. 10, 2014)

Ruling:

The 9th Circuit BAP vacated and remanded the bankruptcy court's order barring two parties from further filings unless they first obtained consent from the bankruptcy court. The BAP ruled that...

Judge(s):

Taylor, Spraker, Dunn

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Bankruptcy Litigation
• Practice and Procedure
• 11 U.S.C § 105

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