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

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 5 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
• 5 years 11 months 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
• 6 years 1 week 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 , Jennings, Strouss & Salmon, PLC
• 6 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In the unpublished decisions, the Ninth Circuity Bankruptcy Appellate Panel dismissed Creditor Diane Goldman ("Goldman") appeal of an order granting Debtor to reopen an adversary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
• 6 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
• 6 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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