Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 8 months ago
Citation:
Docket No. 12-4803-bk (2d Cir. August 13, 2014)
Ruling:
The bankruptcy court lacked subject matter jurisdiction to decide a tax refund claim because the liquidating trustee appointed pursuant to the Debtors' confirmed plan of reorganization did not...
The panel affirmed the bankruptcy court's allowance and authorization to pay pro rata the final fees and costs of the estate's professionals over the objection of the Debtor in various stages of...
Judge(s):
Honorable Judges Randall Dunn, Ralph Kirscher and Laura Taylor.
Raj Kamal Corp., et al. v. Fukushima (In re Raj Kamal Corp.), BAP No. EC-12-1648 (B.A.P. 9th Cir. Dec. 17, 2013)
Ruling:
Ninth Circuit BAP affirmed bankruptcy court's (E.D. California) order denying compensation to attorney for services rendered to Chapter 11 debtor and requiring disgorgement of all funds received. ...
Summarized by Michael Sugar , Commonwealth of Massachusetts
12 years 5 months ago
Citation:
No. 13-1380
Ruling:
The First Circuit Court of Appeals upheld the bankruptcy court's finding that a post-petition civil contempt award issued against Munce's Superior Petroleum Products, Inc. (the "Debtor") in favor...
Judge(s):
Lynch, Selya, & Hillman (sitting by designation from D. Mass.). Opinion by Lynch
Internal Revenue Service v. Lange, Chapter 7 Trustee
Ruling:
The BAP reversed the bankruptcy court's denial of the Internal Revenue Service's ("Government") motion for an evidentiary hearing on its Sec. 507(b) motion in the event the bankruptcy court found...
Kipperman v. IRS (In re 800Ideas.com, Inc.), Case No. 12-1496 (9th Cir. BAP July 22, 2013)
Ruling:
The Ninth Circuit BAP agreed with the bankruptcy court’s decision that the tax penalties were properly assessed because the trustee failed to demonstrate reasonable cause for his delay in filing...
The bankruptcy appellate panel found Non-Debtor Mr. Alton's appeals moot. While Alton may equitably be entitled to $126,000, there is no mechanism under the Code for satisfying his claim.
Based...
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...