Kip Richards v. Rabo AgriFinance, LLC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 years 10 months ago

Citation:

19-6039 (8th Circuit, May 04,2020) Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel affirmed the bankruptcy court's application of Nebraska's equitable estoppel rule to determine that the members of the chapter 11 debtor could not claim personal...

Judge(s):

SCHERMER, SHODEEN and SANBERG

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• 9023

In re Ralph and Paula Isom

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 years 11 months ago

Citation:

BAP No. ID-19-1198-BGL (9th Circuit, Apr 22,2020) Not Published

Case Status:

Affirmed

Ruling:

A) An appeal of an order is timely if the appellant (i) first files a motion for relief under Fed. R. Bankr. P. 9023 within 14 days of entry of the order and (ii) the files the notice of appeal...

Judge(s):

BRAND, GAN and LAFFERTY, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• 8002
• 9019
• 9023

The Bascom Group, LLC v. Douglas Patrick (In re Commercial Services Building, Inc.)

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 3 years 9 months ago

Citation:

CC-18-1279-STaL CC-18-1280-STaL CC-18-1281-STaL (related appeals); Bk. No.: 8:09-bk-20845-ES (9th Circuit, Jun 05,2019) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy court's orders sustaining claim objection, denying creditor's reconsideration motion, and granting motion in limine affirmed.

Judge(s):

Spraker, Taylor, Lafferty

Tag(s):

• 9th Circuit
• Claims
• 3008
• 9023
• 502(j)

Banner Bank v. Robertson (In re Robertson)

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 10 months ago

Citation:

No. 18-4060 (10th Circuit, May 29,2019) Published

Case Status:

Affirmed

Ruling:

While the 14-day deadline in Fed. R. Bankr. P. 9023 is not jurisdictional, the failure to file a Rule 9023 motion within the 14-day deadline in Rule 9023 results in the the expiration of the...

Judge(s):

HOLMES, BACHARACH, and PHILLIPS

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 8002
• 9023

Davis v. Belloc (In re Regional Care Services Corp.)

• Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
• 5 years 8 months ago

Citation:

BAP No. AZ-16-1213-JuLB (9th Circuit, Jul 05,2017) Not Published

Case Status:

Affirmed

Ruling:

Creditor with medical malpractice claim against the debtor was allowed to file a late proof of claim, and was granted relief from stay to pursue a state court lawsuit. Evidence that Creditor had...

Judge(s):

JURY, LAFFERTY, and BRAND, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Claims
• Health Care
• 9023

In re John Doe

• Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
• 6 years 3 weeks ago

Citation:

16-1681 (3rd Circuit, Mar 09,2017) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The court affirmed district court's denial of appellant's request for relief under Rule 59(e), but vacated and remanded to district court to determine whether appellant's Rule 60(b) request was...

Judge(s):

Fisher, Vanaskie, and Krause

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• 1001
• 9023
• 9024

Capital Options, LLC v. Loomis, et al. (In re Capital Options, LLC)

• Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
• 6 years 10 months ago

Citation:

BAP Nos. AZ-15-1165, 1166, 11167-JuKuJa (May 27, 2016) (unpublished) (3 related appeals)

Ruling:

Bankruptcy court properly ruled that Chapter 11 debtor's alleged 50% interest in an LLC was based upon a breach of an alleged oral agreement, which claim was time-barred under CCP Section 339's...

Judge(s):

JURY, KURTZ, and JAIME, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Plan Confirmation
• 7012
• 9023

Onyeabor v. Centennial Pointe Property Owners' Assoc. (In re Onyeabor)

• Summarized by Lars Fuller , BakerHostetler
• 7 years 11 months ago

Citation:

Onyeabor v. Centennial Pointe Property Owners' Assoc. (In re Onyeabor), No. UT-14-047 (BAP 10th Cir. Apr. 15, 2015)

Ruling:

BAP for 10th Circuit affirmed in part, and dismissed in part, debtor's appeal of bankruptcy order denying her motion to reconsider order denying motion to vacate order converting debtor's chapter...

Judge(s):

Nugent, Somers, Jacobvitz

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• 9023
• 9024
• Rule 9022

P.R. Electric Power Authority v. Wiscovitch-Rentas

• Summarized by Brendan Gage , Goulston & Storrs PC
• 8 years 5 months ago

Citation:

BAP No. PR 13-050 (B.A.P. 1st Cir. Sept. 23, 2014)

Ruling:

The Bankruptcy Appellate Panel vacated the bankruptcy’s court’s order denying Puerto Rico Electric Power Authority’s motion for payment of administrative expenses and remanded to the...

Judge(s):

Hillman, Hoffman, and Finkle, United States Bankruptcy Appellate Panel Judges.

Tag(s):

• 9th Circuit
• Administrative Expense Claims
• Business Reorganization
• Claims
• Bankruptcy Litigation
• Retail
• Unsecured Trade Creditors
• 9023
• 366
• § 503

Kenny G Enterprises v. Casey (In re Kenny G Enterprises)

• Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
• 8 years 7 months ago

Citation:

9th Cir. BAP (No. CC-13-1527-KiTaPa), August 20, 2014 (unpublished)

Ruling:

The bankruptcy court's order converting a postconfirmation chapter 11 case to chapter 7 was affirmed: the bankruptcy court had power sua sponte to convert the case, the Debtor received sufficient...

Judge(s):

KIRSCHER, TAYLOR and PAPPAS, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Practice and Procedure
• 9023
• 9024
• 1112

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