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Auslander v. Murray

Summarizing by Timothy McKeon

Kaye v. Blue Bell Creameries, Inc.

Summarizing by David Bury

H3O Communications, LLC v. Kane (In re AMKO Fishing Co, Inc.

Citation:
BAP No. HI-17-1255-TaLLs (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed bankruptcy court (D. HI) ruling that creditor did not have maritime lien that attached to settlement proceeds from chapter 7 trustee's settlement with third party...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

Burgess v. Coffey (In re Wasson Properties, Inc.)

Citation:
BAP No. WO-17-020 (10th Circuit, Dec 15,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed ruling of bankruptcy court (W.D. Okla.) denying creditors' claim for breach of contract. Bankruptcy court properly considered parole evidence under Oklahoma contract...
Judge(s):
Karlin, Somers, Jacobvitz
Tag(s):

Boyd v. Rescap Borrower Claims Trust (In re Residential Capital, LLC)

Citation:
16-2950-bk (2nd Circuit, Oct 04,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court had jurisdiction to disallow a claim that was based on the same claims that had been the subject of litigation outside of bankruptcy. Claims allowance is a core proceeding, and...
Judge(s):
Chin, Droney, Restani
Tag(s):

Caldwell-Blow v. Wells Fargo Bank, N.A. (In the Matter of Caldwell-Blow)

Citation:
16-40997 (5th Circuit, Apr 25,2017) Not Published
Case Status:
Affirmed
Ruling:
Despite mortgage lender's initial notice of acceleration in 2007, lender's subsequent actions--including a 2012 lawsuit in state court, 2013 proof of claim in bankruptcy, and ultimate...
Judge(s):
Per curiam (Higginbotham, Prado and Haynes)
Tag(s):

PNC Bank v. Sterba

Citation:
No. 14-60061 (9th Circuit, Apr 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed BAP's reversal of N.D. Cal. bankruptcy court's ruling that a creditor's claim was timely. Notwithstanding California forum for bankruptcy, under bankruptcy common law, federal...
Judge(s):
Tashima, Smith, Korman
Tag(s):

Kipp Flores Architects, L.L.C. v. Mid-Continent Casualty Co.

Citation:
16-20255 (5th Circuit, Mar 24,2017) Published
Case Status:
Affirmed
Ruling:
In a "no asset" chapter 7 case, a filed proof of claim is not res judicata in other litigation, despite the "deemed allowed" language in 11 USC 502(a). "The Bankruptcy Rules plainly contemplate...
Judge(s):
JONES, BARKSDALE, and COSTA
Tag(s):

In re Kupfer, No. 14-16697 (9th Cir. Dec. 29, 2016)

Citation:
No. 14-16697 (9th Circuit, Dec 29,2016) Published
Case Status:
Reversed and Remanded
Ruling:
502(b)(6) cap applies to attorney fees for litigating lessor's claim for future, but not past, rent.
Judge(s):
Susan P. Graber and Mary H. Murguia, Circuit Judges, and Mark W. Bennett, District Judge for the Northern District of Iowa, sitting by designation. Opinion by Judge Graber.
Tag(s):

Dubois v. Atlas Acquisitions LLC (In re Dubois)

Citation:
Dubois v. Atlas Acquisitions LLC (In re Dubois), No. 15-1945 (4th Cir. Aug. 25, 2016)
Ruling:
The issue on appeal was whether Atlas violated the FDCPA by filing proofs of claim based on time-barred debts. The Fourth Circuit concluded that Atlas’s conduct did not violate the FDCPA and...
Judge(s):
Judge Albert Diaz, Judge Henry F. Floyd, and Judge Stephanie D. Thacker.
Tag(s):

Pirani v. Baharia (In the Matter of Pirani)

Citation:
--- F.3d ---, Case No. 15-40538 (5th Cir May 27, 2016)
Ruling:
Affirmed, in part, the lower courts' judgment against the debtor based on breaches of a pre-petition settlement agreement. The debtor’s payment of $300,000 for an “assignment” of the...
Judge(s):
Higginbotham, Southwick, Higginson (opinion by Higginson)
Tag(s):

Foster v. Holder (In the Matter of Foster)

Citation:
Case No. 15-10778; Case No. 10278 - NOT FOR PUBLICATION
Ruling:
Appeals DISMISSED as frivolous, but no damages awarded. First, the debtor's children (appellants) failed to present transcripts to the District and Fifth Circuit Court of Appeals to demonstrate...
Judge(s):
Per Curiam (Higginbotham, Elrod, Southwick)
Tag(s):

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