Finding no error in the bankruptcy court’s findings, the Eighth Circuit affirmed the bankruptcy court’s denial of reconsideration of an earlier order imposing sanctions on the appellent for...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 18 hours ago
Citation:
Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]
Ruling:
The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the...
The bankruputcy court's rulings were AFFIRMED. The BAP held that the bankruptcy court: (i) did not err in dismissing the Debtor's complaint under Fed.R.Civ.P. 12(b)(6); (ii) did not abuse its...
Lorcon LLC #1 & Conway v. Heyl (In re Heyl), Case No. 13-6022 (B.A.P. 8th Cir. December 12, 2013)
Ruling:
The BAP affirmed the bankruptcy court's denial of creditors'/plaintiffs' Rule 60(b)/FRBP 9024 motion to vacate judgment following the bankruptcy court's entry of judgment in favor of Chapter 7...
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
12 years 5 months ago
Citation:
Macias v. Dillworth (In re Macias), Case No. 13-10336 (11th Cir. Oct. 1, 2013) (unpublished) (per curiam).
Ruling:
Appellate court ruled that for purposes of setting aside or vacating a final default judgment under Rule 60(b), the test set forth by In re Worldwide Web Sys., Inc., requiring a defaulting party...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
12 years 6 months ago
Citation:
Case No. 13-8006 (6th Cir. BAP 2013)
Ruling:
Although Rule 9024 governing reconsideration of claims is an exception to the one-year limit under Rule 60(c) for reconsideration of orders in general, Debtor's motion to reconsider claim filed...
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
12 years 6 months ago
Citation:
In re Kem Lott Ralph [No. 13-8005] (6th Cir. B.A.P. Aug. 27, 2013)
Ruling:
The B.A.P. held that the bankruptcy court did not err in determining that the debtor-appellant's motion fell outside the exception to the "one year rule" contained in Rule 9024 of the Federal Rules...
A debtor lacks standing to set aside an order approving a trustee’s settlement of litigation when the debtor does not have a pecuniary interest in the litigation. To establish standing by way of...
Summarized by Laura Bartell , Wayne State University Law School
12 years 9 months ago
Citation:
Nos. 12-5874/5875/5876
Ruling:
Affirmed order of district court dismissing two adversary complaints filed by debtor's law firm against bankruptcy trustee and lawyers representing trustee alleging malicious prosecution and abuse...
BAP Nos. CC-12-1302 and CC-12-1520 (entered May 14, 2013) (Unpublished)
Ruling:
Bankruptcy Court did not commit reversible error when determining the issue of liability under 11 U.S.C. Sec. 523(a)(2)(A) without a hearing since the Court found sufficient evidence in Complaint's...
