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Christopher Marino v. Ocwen Loan Servicing

Summarizing by Bradley Pearce

Kirschenbaum v. U.S. Dept. of Labor (In the Matter of Robert Plan Corp.)

Citation:
No. 14-1144 (2d Cir.) (Feb. 5, 2015)
Ruling:
Although the trustee is required to administer the debtor corporation's ERISA plan under 11 U.S.C. 704(a)(11), the bankruptcy court lacks jurisdiction to award compensation from the assets of the...
Judge(s):
Katzman, Lohier & Droney
Tag(s):

Eickerman v. La Jolla Group, II

Citation:
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses...
Judge(s):
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
Tag(s):

Tamm v. United Sates Trustee, Honolulu (In re Hokulani Square, Inc.)

Citation:
Case No. 11-60072 (9th Cir. 2015)
Ruling:
Relying on plain language, legislative history, and following prior decisions by the Third and Fifth Circuits, the Ninth Circuit Panel held that section 326(a) of the Bankruptcy Code does not...
Judge(s):
Alex Kozinski, Raymond C. Fisher, and Paul J. Watford, Circuit Judges. Opinion by Judge Kozinski.
Tag(s):

Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

Citation:
Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to...
Judge(s):
KIRSCHER, DUNN and JURY, Bankruptcy Judges
Tag(s):

Starion Financial v. McCormick (In re McCormick)

Citation:
Starion Financial v. McCormick (In re McCormick), 8th Cir. B.A.P (No. 14-6008), December 24, 2014
Ruling:
The 8th Circuit Bankruptcy Appellate Panel reversed the bankruptcy court’s order denying Starion Financial's Motion to Compel Payment of Fees Under the Confirmed Plan of Reorganization and...
Judge(s):
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges. Opinion authored by Judge Shodeen.
Tag(s):

GE Capital Commercial, Inc. v. Sylva Corp (In re Sylva Corp)

Citation:
GE Capital Commercial, Inc. v. Sylva Corp (In re Sylva Corp), No. 14-61016 (BAP 8th Cir. Nov. 26, 2014)
Ruling:
The BAP for the 8th Circuit reversed and remanded to the bankruptcy court (D. Minn.) after the bankruptcy court denied an equipment lessor's motion for administrative expense claim. The BAP ruled...
Judge(s):
Federman, Saladino, Shodeen
Tag(s):

Williamson v. Murray (In re Murray)

Citation:
Williamson v. Murray (In re Murray), 10th Cir. Court Appeals, No. 14-3054 (BAP No. KS-13-034) (BAP) November 18, 2014
Ruling:
The 10 Circuit Court of Appeals affirmed the ruling of the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit and the bankruptcy court which rejected a Chapter 7 trustee’s challenge, to...
Judge(s):
KELLY, LUCERO, and HARTZ, Circuit Judges
Tag(s):

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

Citation:
In re Waksberg, BAP No. CC-14-1102-DTaSp (9th Cir. B.A.P. Oct. 15, 2014).
Ruling:
Two chapter 7 estates should not be substantively consolidated over the material substantive objection of an administrative claimant against one estate. Not for publication memorandum decision.
Judge(s):
Randall L. Dunn, Laura S. Taylor, and Gary A. Spraker, Bankruptcy Judges. (Judge Spraker, Chief Bankruptcy Judge for the District of Alaska, was sitting by designation.)
Tag(s):

P.R. Electric Power Authority v. Wiscovitch-Rentas

Citation:
BAP No. PR 13-050 (B.A.P. 1st Cir. Sept. 23, 2014)
Ruling:
The Bankruptcy Appellate Panel vacated the bankruptcy’s court’s order denying Puerto Rico Electric Power Authority’s motion for payment of administrative expenses and remanded to the...
Judge(s):
Hillman, Hoffman, and Finkle, United States Bankruptcy Appellate Panel Judges.
Tag(s):

Meruelo v. Reorganized Meruelo Maddux Prop., Inc. (In re Meruelo Maddux Prop., Inc.)

Citation:
9th Circuit BAP No. CC-13-1494-KiTaD (August 26, 2014)
Ruling:
The BAP VACATED the order of the bankruptcy court for abuse of discretion in applying the "reasonableness" standard under Section 502(b)(4) to a post-petition claim for administrative expense based...
Judge(s):
Kirscher, Taylor, and Dunn
Tag(s):

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