Fifth Circuit AFFIRMED lower courts' rulings that bankruptcy court could exercise jurisdiction to interpret and enforce its own prior sale order. District Court further did not commit err by...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
11 years 6 months ago
Citation:
Kallman & Co. v. Gottlieb (In re Lewis), BAP No. CC-13-1367-TaDKi, 2014 WL 4099248, --- B.R. --- (B.A.P. 9th Cir. Aug. 20, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the United States Bankruptcy Court for the Central District of California’s (the “Bankruptcy Court”) order...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
11 years 7 months ago
Citation:
KVN Corporation, Inc. v. Green (In re KVN Corporation), B.A.P. No. NC-13-1318 (9th Cir. B.A.P., July 29, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit vacated and remanded the decision of the Bankruptcy Court denying approval of a carve out agreement between the Chapter 7 trustee and the secured...
United States Court of Appeals for the First Circuit, No. 13-9002 (May 23, 2014)
Ruling:
Reversing the lower courts, the First Circuit concluded that when an undefaulted mortgage lien is avoided and preserved for the benefit of the Estate under Code sec. 551, and when the value of the...
F.3d citation not yet available. Case No. 10-10882 (5th Cir. Apr. 9, 2014)
Ruling:
AFFIRMED district court’s ruling that federal law can trump Texas homestead exemptions to force the sale of the debtor’s homestead, notwithstanding the exemption rights of the non-debtor...
Judge(s):
HIGGINBOTHAM, OWEN, and HAYNES. Opinion by Priscilla R. Owen, Circuit Judge.
- Debtor’s post-petition payment pursuant to a first-day wage order does not affect the calculation of preference liability and the new value defense.
- Statutory language is not clear but...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
12 years 2 months ago
Citation:
12-3133
Ruling:
The 7th Circuit Court of Appeals refused to interpret ambiguous language in a District Court Opinion as an injunction. On that basis, and since issuing an opinion would require weighing in on many...
