Juarez v. Todeschi and Ponce (In re Juarez)

Citation:
AZ-19-1028-FLB (9th Circuit, Aug 21,2019) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Az.) confirming chapter 11 plan. Treatment of unsecured creditors satisfied 1129(a)(7) requirement that unsecured creditors would receive at...
Judge(s):
Faris, Lafferty, Brand
Tag(s):

Roberts v. Livdahl (In re Livdahl)

Citation:
BAP No. AZ-18-1223-TaLB (9th Circuit, Apr 15,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Az.) overruling objection to chapter 11 plan confirmation by secured creditor. Bankruptcy court properly ruled plan was filed in good...
Judge(s):
Taylor, Lafferty, and Brand
Tag(s):

PRLP 2011 Holdings LLC v. Manuel Media Villa, Inc.

Citation:
BAP NOS. PR 16-053, PR 16-056. Bank. Case No. 13-02800-MCF (1st Circuit, Jun 16,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court made erroneous factual findings and committed a legal error with respect to the threshold issue of whether there was a valid, binding, and enforceable settlement agreement...
Judge(s):
Feeney, Finkle and Fagon
Tag(s):

Diwan, L.L.C. v. Maha-Vishnu Corp. (In re Diwan, L.L.C.)

Citation:
No. 16-1317 (8th Circuit, Nov 16,2017) Published
Case Status:
Affirmed
Ruling:
Eighth Circuit affirmed district court (S.D. Iowa), which affirmed bankruptcy court orders denying confirmation and dismissing chapter 11 case. Debtor's plan subordinating secured claim to sole...
Judge(s):
Colloton, Beam, Gruender
Tag(s):

Zachary, et al. v. California Bank & Trust

Citation:
Ninth Circuit Court of Appeals - No. 13-16402
Ruling:
The absolute priority rules applies in individual Chapter 11 cases. The exception created by BAPCPA only applies to property acquired by the debtor after the commencement of the case.
Judge(s):
Hurwitz, Paez, Murguia
Tag(s):

Village Green I, GP v. Federal National Mortgage Assoc. (In re Village Green I, GP)

Citation:
File Name 16a0018p.06; Docket No. 14-6521
Ruling:
Affirming the District Court for the Western District of Tennessee, the Sixth Circuit held that the single-asset real estate debtors' plan was not filed in good faith, and upheld dismissal of the...
Judge(s):
Guy, Moore and Kethledge; opinion by Kethledge
Tag(s):

FB Acquisition Property I, LLC v. Gentry (In re Gentry)

Citation:
FB Acquisition Property I, LLC v. Gentry, et al. (In re Gentry), Case No. 14-1441 (10th Cir. December 8, 2015). Published.
Ruling:
To be confirmed, a Chapter 11 plan must be feasible and a feasible plan is not a guarantee of success but rather offers a reasonable assurance of success. Further, the general rule under Colorado...
Judge(s):
Kelly, Hart, Gorsuch (Kelly)
Tag(s):

In re Tribune Media Company

Citation:
In re Tribune Media Company, Case Nos. 14-3332 and 14-3333 (3d Cir. August 19, 2015)
Ruling:
The Court determined that Aurelius’s appeal, which would undo a crucial component of the plan, the settlement of LBO related causes of action that were the economic underpinning of the plan upon...
Judge(s):
AMBRO, VANASKIE, and SHWARTZ, Circuit Judges
Tag(s):

JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Prop. Inc. (In re Transwest Resort Prop. Inc.)

Citation:
Ninth Circuit Court of Appeals Case No. 12-17176 (July 1, 2015)
Ruling:
The Ninth Circuit Court of Appeals reversed and remanded the district court's decision dismissing on equitable mootness grounds an appeal from bankruptcy court's order confirming a chapter 11 plan...
Judge(s):
Honorable J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges
Tag(s):

Mercado v, Combined Investments, LLC

Citation:
BAP No. MB 14-030
Ruling:
AFFIRMED. The Debtor did not provide evidence demonstrating her ability to reorganize within a reasonable time and failed to satisfy her burden under § 362(d)(2)(B). A debtor’s burden under...
Judge(s):
Deasy, Kornreich and Finkle
Tag(s):

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