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TALON DIVERSIFIED HOLDINGS INC., ET AL. V FORSYTHE

Summarizing by Paris Gyparakis

Carbo v. Board of Tax Assessors

Summarizing by Danielle Scott

NAI HORIZON V. AMADEUS THERAPY, INC.

Summarizing by David Treacy

Home » 502

Heritage Bank v. Woodward (In re Woodward)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 10 years 7 months ago
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)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 10 years 8 months ago
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)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 8 months ago
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):

Redmond v. Jenkins and Cimarron Energy Co., LLC (In re Alternate Fuels, Inc.)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 8 months ago
Citation:
Redmond v. Jenkins, et al. v. Pommier, et al. (In re Alternate Fuels, Inc.), Case No. 14-3086 (10th Cir. June 12, 2015). Published.
Ruling:
Recharacterization is essential to a court’s ability to properly implement the priority scheme of the Bankruptcy Code and is determined under § 105(a) and not § 502(b); thus, the 10th...
Judge(s):
Kelly, Baldock, Phillips; Phillips Dissenting
Tag(s):

Pawtucket Credit Union v. Boyajian

  • Summarized by Guy Moss ,
  • 10 years 11 months ago
Citation:
United States Bankruptcy Appellate Panel for the First Circuit, Nos. RI 14-049, 14-051, March 31, 2015
Ruling:
Reversing and remanding, the First Circuit BAP concluded that the binding effect of a confirmed chapter 13 plan prevails over a claim that is disallowed under the claims allowance process set forth...
Judge(s):
Kornreich, Tester, and Cary
Tag(s):

U.S. Bank National Assoc. v. Verizon Comm. Inc.

  • Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
  • 11 years 6 months ago
Citation:
U.S. Court of Appeals, Fifth Circuit Case No. 11-10744- Not yet published
Ruling:
The Fifth Circuit Panel affirmed numerous rulings of the District Court which resulted in a Litigation Trust Trustee losing on all fronts in a substantial federal court lawsuit he had brought...
Judge(s):
King, Haynes and Graves
Tag(s):

Bank of New York Mellon v. GC Merchandise Mart, L.L.C. (In the Matter of Denver Merchandise Mart, Inc.)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 12 years 1 month ago
Citation:
-- F.3d -- (5th Cir. 2014)
Ruling:
Affirmed judgment disallowing a $1.8 million portion of the lender's secured claim for a "Prepayment Consideration" under Colorado law because "[a]bsent a clear contractual provision to the...
Judge(s):
REAVLEY, DAVIS, and HIGGINSON (opinion from W. EUGENE DAVID)
Tag(s):

Brock v. Glasser (In re Brock)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 12 years 2 months ago
Citation:
Brock, et al. v. Glasser (In re Brock), Case Nos. 12-001 (B.A.P. 10th Cir. January 9, 2014) (unpublished)
Ruling:
The BAP affirmed the allowance of a claim filed by a creditor of a revocable inter vivos trust settled by Chapter 11 individual Debtors holding that since the assets of the revocable inter vivos...
Judge(s):
Thurman, Cornish, Mosier (Thurman)
Tag(s):

Grant, Konvalinka & Harrison, P.C. v. Still (In re McKenzie)

Citation:
Grant, Konvalinka & Harrison, P.C. v. Still (In re Bowers), Nos. 12-6374/6375 (6th Cir. Dec. 17, 2013)
Ruling:
The decision of the district court was affirmed. (1) Though the bankruptcy court's order extending the automatic stay referred to Section 362(e)(1), no preliminary hearing was required because...
Judge(s):
Boggs, Clay, and Gilman
Tag(s):

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