Greene v. U.S. Dep't of Education, Case No. 13-3257 (7th Cir. Oct. 27, 2014) (unpublished)
Ruling:
The reasons for making some counterclaims compulsory are to prevent harassment by the filing of repeated claims and to avoid duplicative litigation. Stating that any counterclaim that ultimately...
The Bankruptcy Appellate Panel first found that though Creditor had taken various steps in reliance of the completed nonjudicial sale, the appeal was not moot. The BAP also concluded that the...
Papas v. Buchwald Cappital Advisors, et al. (In re Greektown Holdings, LLC.), Case No. 12-2434 (6th Cir. Aug. 26, 2013)
Ruling:
The Court must consider three issues when determining whether to enter a bar order. First, the court must determine it has jurisdiction to enter such an order; second, the court must determine...
Judge(s):
Boggs and McKeague, Circuit Judges, and Beckwith, Senior District Judge sitting by designation.
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
12 years 7 months ago
Citation:
-- F3d. --, No. 12-4047 (3d Cir. July 30, 2013)
Ruling:
The United States Court of Appeals for the Third Circuit reversed the judgment of the United States District Court for the District of Delaware, finding that the United States Bankruptcy Court for...
Houston Bankruptcy Judge Marvin Isgur's order sanctioning a Seattle-based attorney for the attorney's pattern of ignoring Judge Isgur's prior rulings was AFFIRMED. The attorney represented a...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 9 months ago
Citation:
Staker v. Jubber (In re D. Staker) (10th Circuit Court of Appeals 12-4209 &12-4210 (2013))
Ruling:
In an objection to a claim filed pursuant to FRBP 3007, the objecting party is prohibited from requesting the court determine the validity, priority, or extent of lien or other interest in property...
Judge(s):
John C. Porfilio Senior Circuit Judge; Judge Kelly & Judge Holmes
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
12 years 10 months ago
Citation:
No. CC-12-1398-KiPaTa (B.A.P. 9th Cir. April 11, 2013)
Ruling:
AFFIRMING the bankruptcy court's order (1) dismissing individual chapter 11 debtor's bankruptcy case and all pending adversary proceedings and (2) entering judgment in favor of the United States...
The Ninth Circuit BAP (Panel) affirmed (on other grounds) the Bankruptcy Court's order compelling a judgment lien creditor to turnover funds levied upon pre-petition to the chapter 7 debtor.
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 2 months ago
Citation:
BAP No. CO-11-087 (B.A.P. 10th Cir. Dec. 3, 2012)
Ruling:
In AFFIRMING the bankruptcy court, the BAP ruled that the bankruptcy court had jurisdiction to approve a settlement entered into between a putative debtor and creditors dismissing the case without...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
13 years 6 months ago
Citation:
Case No. 11-40888, Decided August 16, 2012 (Unpublished)
Ruling:
Chapter 7 Debtor's former spouse's intentionally violated the automatic stay by continuing prosecution of civil contempt claims in state court, in violation of the bankruptcy court’s lift stay...
