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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

Auslander v. Murray

Citation:
17-1272 (2nd Circuit, Aug 14,2014) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Court did not abuse its discretion in sua sponte dismissing a single creditor involuntary petition for cause, under 11 U.S.C. 707(a). Bankruptcy Court was being used as a collection...
Judge(s):
Walker, Hall, and Lohier, Circuit Judges
Tag(s):

McMillan v. Schmidt, Jr. (In the Matter of McMillan)

Citation:
Case No. 14-10458 (5th Cir. July 23, 2015) (not precedential)
Ruling:
AFFIRMED (in a 2-1 decision) the dismissal of a contested matter following the bankruptcy court's denial of a motion under section 303(i) for costs and fees, concluding that a contested matter is...
Judge(s):
Per Curiam (Dennis, Prado and Higginson), Dennis dissenting.
Tag(s):

Wortley v. Chrispus Venture Capital, LLC (In re Global Energies, LLC)

Citation:
Wortley v. Chrispus Venture Capital, LLC (In re Global Energies, LLC), Case No. 13-11666 (11th Cir. Aug. 15, 2014) (unpublished) (per curiam).
Ruling:
The Eleventh Circuit held that the bankruptcy court abused its discretion and applied the incorrect legal standard in denying Joseph G. Wortley’s (“Wortley”) Rule 60(b)(2) motion to set aside...
Judge(s):
Fay, Circuit Judge, and Hodges and Huck, District Judges.
Tag(s):

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