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Ballard Spahr LLP v Official Committee of Equity Security Holders

Summarizing by Paris Gyparakis

Coastal Capital, LLC v. Savage

Summarizing by Bradley Pearce

Home » 11 U.S.C § 502

PNC Bank v. Sterba

  • Summarized by ,
  • 8 years 11 months ago
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.

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 8 years 11 months ago
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)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 1 month ago
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)

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 9 years 6 months ago
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)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 9 years 9 months ago
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)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 9 years 11 months ago
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):

Booker Theodore Wade, Jr. v. Forest Villa Homeowners' Association

Citation:
Ninth Circuit BAP No. NC-14-1562-DJuTa (Nov. 17, 2015)
Ruling:
Bankruptcy court properly found that Debtor had no standing to contest lien claim of homeowners association in a no-asset chapter 7 case where debtor's discharge had been entered and relief from...
Judge(s):
DUNN, JURY, and TAYLOR, Bankruptcy Judges
Tag(s):

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