The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...
Judge(s):
Daughtrey, Gibbons and Griffin; Opinion by Gibbons
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
10 years 9 months ago
Citation:
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
11 years 2 months ago
Citation:
5th Circuit Opinion of Dec. 12, 2014 in Case No. 13-60704 -Not Published
Ruling:
All four rulings of the District Court were upheld:
(1) Debtor's argument that the government was required to appeal his discharge in his prior bankruptcy proceedings, resulting in estoppel or...
Judge(s):
Fifth Circuit Court Judges King, Dennis and Clement
Bagley v. U.S.A. (In re Desert Capital REIT, Inc.), BAP Nos. NV-13-1233-KiTaJu & NV-13-1250-KiTaJu (BAP 9th Cir. Aug. 11, 2014)
Ruling:
The 9th Circuit BAP affirmed the ruling of the U.S. Bankruptcy Court for the District of Nevada. The bankruptcy court properly granted the U.S. (IRS) summary judgment in allowing its claim. The...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
12 years 2 months ago
Citation:
Ashworth v. Ehrgott, et al. (In re Ashworth), B.A.P. No. CC-12-1591 (9th Cir. B.A.P., December 16, 2013) (Not for Publication)
Ruling:
In an unpublished decision, the Bankruptcy Appellate Panel for the Ninth Circuit affirmed the order of the Bankruptcy Court, overruling the Debtor's objection to the proof of claim filed by his...
United States Bankruptcy Appellate Panel for the First Circuit, No. MB 12084 (Sept. 19, 2013)
Ruling:
Reversing the ruling of the bankruptcy court, the BAP determined that confirmation of a Chapter 13 plan (the "Plan") which fails to address the payment of post-petition interest on...
