Home » Part VIII » Rule 8001

Bourgeois v. Bank of America (In re Bourgeois)

  • Summarized by Shara Cornell , McDonald Hopkins LLC
  • 9 years 11 months ago
Citation:
Bourgeois v. Bank of America (In re Bourgeois), No. 12-6056 (8th Cir. BAP March 22, 2013)
Ruling:
Incarceration was not an exigent circumstance and Debtor did not meet the standard for a Motion for Relief from Final Judgment, Order or Proceeding under FRCP 59(e) and FRBP 9023.
Judge(s):
Chief Judge Federman, Judge Saladino, Judge Nail
Tag(s):

Arroyo v. Scotiabank de Puerto Rico (In re Arroyo)

  • Summarized by William Amann , Amann Burnett, PLLC
  • 9 years 12 months ago
Citation:
BAP No. PR 12-045
Ruling:
Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the...
Judge(s):
Haines, Feeney and Hoffman
Tag(s):

Diamond v. Vickery (In re Vickery)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 10 years 2 weeks ago
Citation:
No. 10-41118 (B.A.P. 10th Cir. Mar. 13, 2013)
Ruling:
Reversing and remanding in part, the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit held that, contrary pretrial order of the bankruptcy court (“BC”), a trustee was not required...
Judge(s):
Karlin, Somers, and Mosier (sitting by designation), bankruptcy judges.
Tag(s):

Beaulieu v. Ragos (In re Ragos)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
  • 10 years 5 months ago
Citation:
Beaulieu, v. Ragos (In re: Ragos), Case No. 11-31046 (5th Cir. October 29, 2012)
Ruling:
Social Security income should not be included in a Chapter 13 debtor’s projected disposable income and may be excluded from the debtors’ plan payments. The debtors' retention of exempt social...
Judge(s):
Davis, Dennis and Haynes
Tag(s):

Woodman v. Concept Construction, LLC (In re Woodman)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 5 months ago
Citation:
Woodman v. Concept Construction, LLC (In re Woodman); -- F. 3d --; 2012 WL 5259193 (10th Cir. Oct. 25, 2012)
Ruling:
A dismissal of an appeal after docketing must meet the standards of Fed. R. Bankr. P. 8001(c)(2) failing which, such appeal remains pending thereby rendering the filing of a second appeal to the US...
Judge(s):
Lucero, Hartz and O'Brien
Tag(s):

In re Gleason

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 10 years 5 months ago
Citation:
D.C. Docket Nos. 0:11-cv-62406-KAM; 0:06-13274-JKO (No. 12-11433)
Ruling:
The Court of Appeals for the Eleventh Circuit affirmed the order entered by the bankruptcy court and upheld on appeal by the District Court for the Southern District of Florida which suspended an...
Judge(s):
Carnes, Barkett and Fay
Tag(s):

Danielson v. Flores (In re Flores)

  • Summarized by Lovee Sarenas , Sklar Hirsh
  • 10 years 7 months ago
Citation:
2012 U.S. App. LEXIS 18508 (2012)
Ruling:
In reversing the bankruptcy court and remanding the decision to apply the Ninth Circuit's decision in Maney v. Kagenveama (In re Kagenveama), 541 F.3d 868, 872 (9th Cir. 2008), the Ninth Circuit...
Judge(s):
Hons. Harry Pregerson, Susan P. Graber (Circuit Judges) and Edward Chen (District Court Judge sitting by designation). Appeal from a ruling by Hon. Meredith Jury (Bankruptcy Court Judge for the Central District of California).
Tag(s):

Stathopoulos v. Alford (In re McMillin)

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 10 years 8 months ago
Citation:
D.C. Docket Nos. 8:10-cv-01036-JSM; 8:05-bk-27381-KRM (No. 11-12353)
Ruling:
The 11th Circuit Court of Appeals REVERSED the district court order and reinstated the bankruptcy court judgment that a transfer was not avoidable because the debtor did not have control of the...
Judge(s):
DUBINA, EDMONDSON, & GOLDBERG
Tag(s):

Banco Bilbao Vizcaya Argentaria Puerto Rico v. Vazquez (In re Vazquez)

Citation:
B.A.P. 1st Cir (Case No 09-01574-BKT)
Ruling:
DISSMISSAL of appeal due to untimeliness and AFFIRMING lower court's denial of creditor's motion for reconsideration of order in connection with a motion to amend.
Judge(s):
US Bankruptcy Appellate Panel Judges, Boroff, Deasy and Bailey.
Tag(s):

Cook v. Wells Fargo Bank, N.A., Scott Garrett and Pamela Garrett (In re Cook)

Citation:
Cook v. Wells Fargo Bank, N.A., Case No. 04-17704 (B.A.P. 10th Cir. April 19, 2012) (unpublished)
Ruling:
The Bankruptcy Appellate Panel AFFIRMED the bankruptcy court's order stating that the debtor, Daniel William Cook, lacks standing to assert sanctions against Wells Fargo N.A. and Mr. and Mrs....
Judge(s):
Nugent, Romero and Somers, Bankruptcy Judges.
Tag(s):

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