In Re: NRP LEASE HOLDINGS, LLC, et al.

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
• 2 years 3 months ago

Citation:

21-11742 (11th Circuit, Sep 29,2022) Published

Case Status:

Reversed and Remanded

Ruling:

The 11th Circuit reversed the district court’s order affirming the bankruptcy court’s grant of appellee’s motion for summary judgment. The 11th Circuit concluded, based on a finding from the...

Judge(s):

Newsom, Lagoa, Anderson

Tag(s):

• 11th Circuit
• Bankruptcy Litigation
• Uniform Commercial Code/Article 9
• 7056
• 544(a)

In re GenOn Mid-Atlantic Development, L.L.C.

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
• 2 years 5 months ago

Citation:

21-20557 (5th Circuit, Jul 29,2022) Published

Case Status:

Affirmed

Ruling:

Finding that the district court had jurisdiction and that abstention was not required, the Court entered a take-nothing judgment on an investment bank's breach of warranty claims against the...

Judge(s):

Smith, Wiener, and Southwick

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Executory Contracts/Leases
• Venue/Jurisdiction
• 7012
• 7056

Umpqua Bank v. Carolyn Burke (In re Burke)

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 5 years 1 month ago

Citation:

BAP No. NC-18-1260-STaB (9th Circuit, Nov 25,2019) Not Published

Case Status:

Reversed

Ruling:

Debtor's 2009 bankruptcy discharge did not bar creditor from bringing an unjust enrichment action after creditor erroneously submitted an escrow demand that was too low when debtor sold her home in...

Judge(s):

Spraker, Taylor, Brand

Tag(s):

• 9th Circuit
• Claims
• Consumer Bankruptcy
• Discharge/Dischargeability
• 7056
• 727(b)
• 524(a)(2)
• 101

Arden v. Silas (In re Arden)

• Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
• 9 years 6 months ago

Citation:

BAP Nos. CC-14-1186-DTaKu (July 2, 2015) (unpublished)

Ruling:

Creditor was not entitled to summary judgment on her § 523(a)(6) claim, based upon a prepetition malicious prosecution judgment against the Debtor. Although it was a "very close call," the...

Judge(s):

DUNN, TAYLOR and KURTZ, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 7056
• 523

Harrington v. Simmons

• Summarized by David Baker , Law Office of David G. Baker
• 9 years 10 months ago

Citation:

Harrington v. Simmons, BAP No. MW 14-048

Ruling:

Bankruptcy court's order denying a chapter 7 discharge affirmed.

Judge(s):

Deasy, Kornreich (author) and Finkle.

Tag(s):

• 1st Circuit
• Discharge/Dischargeability
• Bankruptcy Litigation
• 2004
• 7001
• 7056
• 727

Vehicle Market Research, Inc. v. Mitchell Intl., Inc.

• Summarized by Lars Fuller , BakerHostetler
• 10 years 3 months ago

Citation:

Vehicle Market Research, Inc. v. Mitchell International, Inc., No. 12-3333 (10th Cir. Sept. 17, 2014)

Ruling:

Tenth Circuit reversed trial court, ruling that judicial estoppel did not apply to bar claim by plaintiff where plaintiff's principal attested in bankruptcy that value of stock in company was...

Judge(s):

Kelly, Ebel, and Bacharach

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Valuation
• 7056

Berger & Associates Attorneys v. Kran (In re Kran)

• Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
• 10 years 5 months ago

Citation:

Docket No. 13-1931 (2nd Cir. July 25, 2014)

Ruling:

Court of Appeals affirmed the lower courts' decisions that the debtor was entitled to a discharge because denial of discharge is an extreme penalty, with exceptions to be narrowly construed, and...

Judge(s):

Straub, Sack, and Lohier, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Claims
• Bankruptcy Litigation
• 7056
• 727

Goaz v. Rolex Watch U.S.A. Inc. (In the Matter of Goaz)

• Summarized by Aaron Kaufman , Gray Reed LLP
• 10 years 9 months ago

Citation:

Cas No. 13-10282 (5th Cir. Mar. 19, 2014)

Ruling:

"Knowingly selling merchandise bearing counterfeit trademarks necessarily causes injury to the trademark." Fifth Circuit affirmed district court's ruling, thereby affirming the bankruptcy court's...

Judge(s):

Wiener, Owen and Haynes (per curiam)

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Discharge/Dischargeability
• Bankruptcy Litigation
• Practice and Procedure
• 7056
• 523

Brown v. Bank of America, N.A. (In re Brown)

• Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
• 11 years 4 weeks ago

Citation:

WW-12-1534

Ruling:

The Ninth Circuit B.A.P. affirmed the Bankruptcy Court's grant of summary judgment dismissing the complaint of the Debtor and the Trustee against Bank of America, its servicer and agent, and MERS....

Judge(s):

Taylor, Kurtz, and Dunn

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Bankruptcy Litigation
• Predatory Lending
• Practice and Procedure
• 7056
• Rule 7012
• Rule 9020

Grogan v. Harvest Capital Company, et al. (In re Grogan)

• Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
• 11 years 2 months ago

Citation:

Grogan v. Harvest Capital Company, et al. (In re Grogan), B.A.P. No. OR-12-1483 (9th Cir. B.A.P., October 15, 2013) (Not for Publication)

Ruling:

In an unpublished decision, the Bankruptcy Appellate Panel of the Ninth Circuit affirmed the entry of partial judgment by the Bankruptcy Court, construing the Appellees' security agreements as...

Judge(s):

Jury, Taylor, and Pappas, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Discharge/Dischargeability
• Claims
• Uniform Commercial Code/Article 9
• 7056
• 544

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