Annual Spring Meeting | April 11-14 | Washington, D.C. Register Today View Schedule

Now Updating
Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

Francois Freres USA, Inc. v. Weiss (In re Walldesign, Inc.)

Citation:
BAP No, CC-17-1290-KuFS (9th Circuit, Aug 02,2018) Not Published
Case Status:
Affirmed
Ruling:
An avoidance defendant-creditor cannot rely on Rule 60 for reconsideration, instead of a timely appeal, of an order disallowing the party's proof of claim, especially where the arguments asserted...
Judge(s):
KURTZ, FARIS, and SPRAKER
Tag(s):

First National Bank of Oneida, N.A. v. Brandt

Citation:
17-11654 (11th Circuit, Apr 24,2018) Published
Case Status:
Reversed and Remanded
Ruling:
District Court ruling vacated and remanded in light of changed circumstances. Specifically, remanded for district court to consider whether dismissal of an individual's confirmed chapter 11...
Judge(s):
Pryor, Carnes, Antoon
Tag(s):

Melikian Enterprises, LLP v. McCormick

Citation:
15-3983 (8th Circuit, Jul 11,2017) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court properly disallowed a claim filed by a secured creditor that failed to comply with Arizona state law for preserving the right to a deficiency following the foreclosure. Arizona...
Judge(s):
BENTON, SHEPHERD, STRAND (N.D. Iowa, sitting by designation)
Tag(s):

Guthrie v. 11 East 36th, LLC (In re 11 East 36th, LLC)

Citation:
16-1233, --- Fed.Appx. ----, 2016 WL 7323983 (2nd Circuit, Dec 16,2016) Not Published
Case Status:
Affirmed
Ruling:

Affirmed District Court judgment affirming Bankruptcy Court expunging claim and District Court declining to consider constructive trust argument. Court determined that: a.) creditor lacked...

Judge(s):
DENNIS JACOBS, JOSÉ A. CABRANES, BARRINGTON D. PARKER,
Tag(s):

Jackson v. U.S. (In re Jackson)

Citation:
Jackson v. U.S. (In re Jackson), Case No. EC-15-1072-DJuF (9th Cir. BAP Dec. 4, 2015) (published)]
Ruling:
Affirmed. The Ninth Circuit BAP held an amended proof of claim filed by the IRS was not untimely under Sections 502(b)(9) or 1308 of the Bankruptcy Code, or Bankruptcy Rule 3002(c)(1), because it...
Judge(s):
Dunn, Jury, and Faris.
Tag(s):

Weinman v. Walker (In re Adam Aircraft Industries, Inc.)

Citation:
Case No. 14-1236 (10th Cir. Ct. App. October 15, 2015).
Ruling:
The Tenth Circuit Court of Appeals affirmed the decision of the Bankruptcy Appellate Panel, which denied the Plaintiffs attempts to recover and avoid certain transfers under 11 U.S.C. 548.
Judge(s):
Tymkovich, Chief Judge and Hartz and Phillips, Circuit Judges
Tag(s):

Beardsley v. Rabobank (In re Beardsley)

Citation:
9th Cir. BAP No. NC-14-1230-DKiTa (August 28, 2015) (unpublished)
Ruling:
Bank held a 2nd position deed of trust and filed a secured proof of claim. It later became clear the lien had no value, and it was a solvent estate. The Bank made a motion under § 506(a) seeking...
Judge(s):
DUNN, KIRSCHER AND TAYLOR, Bankruptcy Judges.
Tag(s):

Heritage Bank v. Woodward (In re Woodward)

Citation:
Heritage Bank v. Woodward (In re Woodward), Case No 15-6001 (8th Cir. B.A.P. August 13, 2015)
Ruling:
Creditor whose claim was allowed after litigation of an objection was an allowed claim for purposes of voting and plan confirmation and creditor could not argue that creditor was not a "creditor"...
Judge(s):
Federman, Schermer, and Shodeen
Tag(s):

Gatewood v. CP Medical, LLC (In re Gatewood)

Citation:
Gatewood v. CP Medical, LLC (In re Gatewood), Case No. 15-6008 (B.A.P. 8th Cir. July 10, 2015)
Ruling:
The filing of an accurate proof of claim for a time-barred debt containing all required information, including the timing of the debt, standing alone, is not a prohibited debt collection practice...
Judge(s):
Kressel, Saladino, and Shodeen, Bankruptcy Judges
Tag(s):

Lariat Co. Inc. v. Wigley (In re Wigley)

Citation:
Lariat Companies, Inc. v. Wigley (In re Wigley), No. 14-6043 (BAP 8th Cir. June 19, 2015)
Ruling:
The BAP for the 8th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (D. Minn.-Minneapolis) after bankruptcy court sustained debtor's objection and capped creditor's...
Judge(s):
Federman, Nail, Shodeen
Tag(s):

Pages

About us in numbers

2867 in the system

2803 Summarized

1 Being Processed