Sui v. Marshack (In re Sui)

Citation:
Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed a bankruptcy court's decision to reconvert a chapter 13 case to chapter 7 based on debtor's bad faith conduct instead of dismissing the chapter 13 case. The...
Judge(s):
An appeal came from a decision of the Hon. Catherine BAUER, bankruptcy judge for the Central District of California The appeal came before Bankruptcy Appellate Panel judges: Ralph KIRSCHER, Jim PAPPAS and Randall DUNN.
Tag(s):

Deckard v. Interstate Bakeries Corp. (In re Interstate Bakeries Corp.)

Citation:
Deckard v. Interstate Bakeries Corporation (In re Interstate Bakeries Corporation), No. 11-1595, slip. op. (8th Cir. Jan. 25, 2013)
Ruling:
Eighth Circuit affirmed grant of summary judgment by bankruptcy court in favor of defendant/debtor on creditor's claim for civil penalties for debtor's failure to give notices required under the...
Judge(s):
Eighth Circuit Judges Bye, Gruender, and Shepherd.
Tag(s):

ASARCO, L.L.C. v. Barclays Capital, Inc. (In re ASARCO, L.L.C.)

Citation:
Case No. 11-41010 (5th Cir. December 11, 2012)
Ruling:
REVERSED and REMANDED award of Section 328(a) fee enhancement to Debtor Asarco's financial advisor for further proceedings because clear error was not the appropriate standard for reviewing a...
Judge(s):
Wiener, Elrod and Southwick, Circuit Judges
Tag(s):

The Prudential Insurance Company of America v. City of Boston (In re SW Boston Hotel Venture, LLC)

Citation:
Prudential Ins. Co. v. City of Boston (In re SW Boston Hotel Venture, LLC), BAP NOS. MB 11-079, MB 11-082, MB 11-085, MB 11-086; Bankr. Case No. 10-14535-JNF (B.A.P. 1st Cir. Oct. 1, 2012)
Ruling:
In a dispute between a developer-debtor and its primary secured lender, the BAP AFFIRMED the bankruptcy court's decision to calculate postpetition interest (506(b)) owing to the lender at the...
Judge(s):
Haines, Deasy, and Tester, United States Bankruptcy Appellate Panel Judges
Tag(s):

In re Tropicana Entertainment LLC

Citation:
In re Tropicana Entertainment LLC, et al, --- F.3d ---, 2012 WL 3776531, No. 10-3970 (3d Cir. Aug. 31, 2012)
Ruling:
The Third Circuit Court of Appeals held that an ad hoc noteholder committee’s (the “Noteholder Committee”) fees were not entitled to administrative priority pursuant to 11 U.SC. §...
Judge(s):
Ambro, Chagares and Aldisert
Tag(s):

In re Philadelphia Newspapers, LLC

Citation:
In re: Philadelphia Newspapers, LLC, Case No. 11-3257 (3d Cir. July 26, 2012) (unpublished) (Ambro, J.)
Ruling:
EQUITABLE MOOTNESS: When deciding whether an appeal is equitably moot, a Court must consider all five factors set forth in In re: Continental Airlines, 91 F.3d 553, 560 (3d Cir. 1996). In...
Judge(s):
Circuit Judges Ambro, Fuentes, and Hardiman.
Tag(s):

Hopkins v. Asset Acceptance LLC (In re Salgado-Nava)

Citation:
Hopkins v. Asset Acceptance LLC (In re Salgado-Nava), No. ID-11-1389-MkHJu, --- B.R. --- (B.A.P. 9th Cir. July 25, 2012)
Ruling:
Reversing the Bankruptcy Court, the Ninth Circuit BAP held that under 11 U.S.C. § 330(a)(7), absent extraordinary circumstances, bankruptcy courts should approve chapter 7, 12 and 13 trustee fees...
Judge(s):
Markell, Hollowell and Jury, Bankruptcy Judges
Tag(s):

In re Calabrese

Citation:
In re Michael Calabrese, Jr., 11-3793 (3d Cir. 7/20/2012)
Ruling:
New Jersey sales taxes are considered trust fund taxes for purposes of priority and dischargeability and fall under 507(a)(8)(C) rather than 507(a)(8)(E).
Judge(s):
McKee, Chief Judge; Hardiman, Circuit Judge; Jones, II, District Judge
Tag(s):

Cawley v. Celeste (In re Athens/Alpha Gas Corp.)

Citation:
No. 11-6061 (B.A.P. 8th Cir. Feb. 1, 2012)
Ruling:
The Eighth Circuit affirmed the decision of the bankruptcy court denying a creditor's motion to determine his claim, on the grounds that the bankruptcy court lacked subject matter jurisdiction to...
Judge(s):
Venters, Saladino, Nail
Tag(s):

In re Resource Technology Corp.

Citation:
No. 10-3948 (7th Cir., October 31, 2011)
Ruling:
In affirming the lower courts' denial of Roti's administrative claim, the Seventh Circuit explained that the emission of foul odors as a result of negligent maintenance of a gas collection and...
Judge(s):
Posner, Flaum, Hamilton
Tag(s):

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