Jeffrey P. White and Associates, P.C. v. Fessenden

Citation:
United States Bankruptcy Appellate Panel for the First Circuit, BAP No. EP 15-043, April 14, 2016
Ruling:
Reversing and remanding, the First Circuit BAP concluded that Harris v. Viegelahn, 135 S.Ct. 1829 (2015), which held that plan payments made by a chapter 13 debtor from his post-petition wages and...
Judge(s):
Boroff, Godoy, and Finkle
Tag(s):

Kingdom Fresh Produce, Inc., et al. v. Stokes Law Office, L.L.P. (In the Matter of Delta Produce, L.P.)

Citation:
No. 14-51079 Fifth Circuit Court of Appeals
Ruling:
Attorney could not be paid his fees and expenses allocable to an objecting PACA claimant as 7 U.S.C. § 499e(c)(2) requires that buyers of perishable agricultural commodities must hold receivables...
Judge(s):
Before REAVLEY, PRADO, and COSTA, Circuit Judges.
Tag(s):

Bank of America, N.A. v Horizon Ridge Medical & Corporate Center, LLC (In re Horizon Ridge Medical & Corporate Center, LLC)

Citation:
BAP No. NV-14-1532-DJuKi (BAP 9th Cir. Feb. 23, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of bankruptcy court (D. Nev.), allowing fees for debtor's second bankruptcy counsel in the amount of $513k, notwithstanding confirmation of the lead...
Judge(s):
Dunn, Jury, Kirscher
Tag(s):

Stubbs & Perdue, P.A. v. Angell (In re Anderson, Jr.)

Citation:
Stubbs & Perdue, P.A. v. Angell (In re Anderson, Jr.), Case No. 15-1316 (4th Cir. Jan. 26, 2016).
Ruling:
Affirming the district court, the Fourth Circuit held that the bankruptcy court correctly interpreted/applied Landgraf v. USI Film Products, 511 U.S. 244 (1994), to find that the version of 11...
Judge(s):
Wilkinson, Keenan, and Harris
Tag(s):

Southwest Securities, FSB v. Segner, Jr.

Citation:
Case No. 14-41463 (5th Cir. Dec. 29, 2015)
Ruling:
AFFIRMED by 5th Circuit. In reviewing the origins of the "primarily for the benefit of" language from In re Delta Towers, Ltd., 924 F.2d 74, 76 (5th Cir. 1991) requirement of Section 506 (c), the...
Judge(s):
Benavides, Dennis and Costa, Circuit Judges.
Tag(s):

The Bankruptcy Law Firm, PC v. Siegel (In re Waksberg M.D., Inc.)

Citation:
BAP No. CC-15-1109-TaKuKi (BAP 9th Cir. Dec. 22, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) allowing fees and costs as an administrative expense, but in a substantially lower amount than desired by...
Judge(s):
Taylor, Kurtz, Kirscher
Tag(s):

Lane v. Barney (In re Lane)

Citation:
Lane v. Barney, BAP No. WY-14-061 (BAP 10th Cir. Sept. 28, 2015)
Ruling:
BAP affirmed in part, and reversed in part, order of bankruptcy court (D. Wy.) taxing costs against chapter 7 debtor incurred by trustee in retaking possession of estate property. Notwithstanding...
Judge(s):
Cornish, Nugent, Somers
Tag(s):

Food Employers Labor Relations Assoc. v. The Great Atlantic & Pacific Tea Co.

Citation:
14-3349-bk; 2d. Cir. July 2, 2015 (Summary Order - No precedential effect)
Ruling:
The United States Court of Appeals for the Second Circuit affirmed the United States District Court for the Southern District of New York's judgment affirming the Bankruptcy Court's holding that...
Judge(s):
Guido Calabresi, Circuit Judge Debra Ann Livingston, Circuit Judge William K. Sessions III, United States District Court for the District of Vermont, sitting by designation
Tag(s):

Watson v. Gill (In re Watson)

Citation:
In re Watson, BAP No. CC-14-1351-DTaKu (9th Cir. B.A.P. June 25, 2015).
Ruling:
The bankruptcy court properly exercised its discretion to approve retroactively a chapter 7 trustee’s employment of a law firm. Not-for-publication memorandum.
Judge(s):
Randall L. Dunn, Laura S. Taylor, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

Siller v. Big Hill Logging and Road Building Company, Inc. (In re CWS Enterprises, Inc.)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case Nos. EC-14-1195-PaJuKu and EC-14-1273-PaJuKu (June 12, 2015)
Ruling:
In the unpublished ruling from the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court on the basis that Charles Siller ("Siller") was the principal of the...
Judge(s):
PAPPAS, JURY, and KURTZ, Bankruptcy Judges.
Tag(s):

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