In re Allana Baroni

• Summarized by Sarah Tomlinson , U.S. Bankruptcy Court for the Eastern District of Missouri
• 1 year 10 months ago

Citation:

Bankruptcy Appellate Panel of the Ninth Circuit Nos. CC-20-1278-LGT, CC-20-1279-LGT (9th Circuit, Jul 13,2021) Not Published

Case Status:

Affirmed

Ruling:

The BAP held that only if the Ninth Circuit reverses the Turnover Order would the Debtor's standing be established as the Debtor conceded the estate is insolvent. The BAP also held the bankruptcy...

Judge(s):

The Hons. Lafferty, Gan, and Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Consumer Bankruptcy
• Mortgage
• Rule 9019
• 11 U.S.C. §§ 363(i)
• (m)

Jeanette Wellers v. Peters

• Summarized by Lars Fuller , BakerHostetler
• 1 year 10 months ago

Citation:

BAP No. 20-040 (10th Circuit, Jul 13,2021) Not Published

Case Status:

Affirmed

Ruling:

BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) order approving settlement between Chapter 7 trustee and creditor regarding allocation of proceeds following sale of Chapter 7 debtor's home....

Judge(s):

Cornish, Michael, Hall

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Professional Practice Areas
• Real Estate
• Small Business
• Rule 9019

Dalton v. Warfield

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

Citation:

BAP No. AZ-17-1310-SBaF (9th Circuit, Jul 11,2018) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Az.) granting chapter 7 trustee's motion to approve compromise over debtor's objection. Debtor's pending appeal of prepetition entry of...

Judge(s):

Spraker, Bason, Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Insurance
• Rule 9019

Liberty Towers Realty, LLC v. Richmond Liberty LLC

• Summarized by Nascine Howell , Seyfarth Shaw LLP
• 5 years 3 days ago

Citation:

17-2037 (2nd Circuit, May 31,2018) Not Published

Case Status:

Affirmed

Ruling:

In a summary order, the Second Circuit Court of Appeals affirmed the district court’s decision, finding, among other things, that: (i) the debtors-appellants had consented to the derivative...

Judge(s):

The Honorable Rosemary S. Pooler; The Honorable Richard C. Wesley; and The Honorable Raymond J. Lohier

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Rule 9019

Deeprock Venture Partners, L.P. v. Beach

• Summarized by Craig Geno , Craig M Geno PLLC
• 5 years 2 weeks ago

Citation:

17-10481 (5th Circuit, May 16,2018) Published

Case Status:

Affirmed

Ruling:

Bankruptcy Court's granting of a Rule 9019 settlement was affirmed by the Fifth Circuit. The opinion discusses, in detail, the standards for approving settlement and compromises in the Fifth...

Judge(s):

Stewart, Haynes and Willett

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Discharge/Dischargeability
• Commercial Fraud
• Rule 9019
• 11 U.S.C § 548;.727

Mark Technologies Corp. v. Frazer (In re Mark Technologies Corp.)

• Summarized by Lars Fuller , BakerHostetler
• 5 years 4 months ago

Citation:

BAP No. CC-16-1435-KUFL (9th Circuit, Feb 01,2018) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit issued single ruling on four separate appeals. BAP dismissed appeals as moot, and in alternative, affirmed on the merits. After bankruptcy court (C.D. Cal.) approved settlement...

Judge(s):

Kurtz, Faris, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Practice and Procedure
• Professional Practice Areas
• Real Estate
• Rule 9019
• 11 U.S.C § 363

Galaz v. Katona (In the Matter of Galaz)

• Summarized by Aaron Kaufman , Gray Reed
• 6 years 7 months ago

Citation:

Case No. 15-50919 (5th Cir. Oct. 28, 2016)

Ruling:

AFFIRMED bankruptcy court's injunctive relief, concluding that post-confirmation jurisdiction existed, and that the prior settlement order barred the defendant (Galaz) from pursuing claims against...

Judge(s):

Clement, Weiner, Costa

Tag(s):

• 5th Circuit
• Claims
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Rule 9019
• 11 U.S.C § 105
• 11 U.S.C § 541
• § 1141
• § 1325

Rich Dad Operating Co., LLC v. Zubrod, et al. (In re Rich Global, LLC)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 6 years 11 months ago

Citation:

Rich Dad Operating Company, LLC v. Zubrod, et al. (In re Rich Global, LLC), Case No. 15-8103 (10th Cir. June 14, 2016) (unpublished)

Ruling:

An appeal is not moot if a court can offer even partial relief and while a majority of courts hold that a settlement of claims can qualify as a sale of property under § 363, whether to impose...

Judge(s):

Briscoe, Lucero, Phillips

Tag(s):

• 10th Circuit
• Practice and Procedure
• Rule 8025
• Rule 9019
• Rule 7052
• § 362

Freif & Co. v. Shapiro, et al. (In re Western Funding Inc.)

• Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
• 7 years 7 hours ago

Citation:

-- F.3d -- (9th BAP 2016)

Ruling:

The Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the Chapter 11 Liquidating Trustee's ("Trustee") proposed settlement related to pre-petition transfers. The...

Judge(s):

Honorable DUNN, FARIS and BARASH.

Tag(s):

• 9th Circuit
• Business Reorganization
• Bankruptcy Litigation
• Fraudulent Transfers
• Plan Confirmation
• Rule 9019
• 11 U.S.C § 548
• § 1123
• § 323

Morris, et al. v. Davis (In re Morris)

• Summarized by Lars Fuller , BakerHostetler
• 7 years 2 months ago

Citation:

BAP No. SC-15-1222-FJuKi (BAP 9th Cir. Mar. 29, 2016) (unpublished)

Ruling:

The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) approving a settlement agreement, finding the bankruptcy court did not abuse its discretion in granting the...

Judge(s):

Faris, Jury, Kirscher

Tag(s):

• 9th Circuit
• Asset Sales
• Family/Divorce Issues
• Claims
• Bankruptcy Litigation
• Practice and Procedure
• Rule 9019
• § 363

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