BAP No. SC-15-1222-FJuKi (BAP 9th Cir. Mar. 29, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) approving a settlement agreement, finding the bankruptcy court did not abuse its discretion in granting the...
7th Cir., Case No. 15-2093, Decided March 11, 2016
Ruling:
The judgment of the bankruptcy court was reversed, and the case remanded in order to determine: a) the value of the asset transferred (in the form of commercial leases that were terminated...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 2 months ago
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...
After the district court dismissed a lender-liability action by a former Borrower against the Bank, the Court of Appeals affirmed the dismissal based on res judicata because during the time that...
9th Circuit BAP Case Nos. NC-14-1440-KuWJu and NC-14-1515-KuWJu (Not for Publication)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the sale of real property. In regards to the issue of The Zuercher Trust of 1999 ("Trust") and...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
10 years 5 months ago
Citation:
Spice 4 Life v. Rund (In re Java) B.R. (9th Cir. B.A.P. December 4, 2015)
Ruling:
** Not For Publication ** The Bankruptcy Appellate Panel for the Ninth Circuit held Spice 4 Life's claims were moot because it did not oppose a Trustee's Motion to Revoke a Living Trust which...
Summarized by Edward Durnil , Tranzon Asset Advisors
10 years 7 months ago
Citation:
In re Revel AC, Inc., et al. (3d Cir. 15-1253, Sept. 30, 2015)
Ruling:
Third Circuit reversed the District Court's denial of IDEA Boardwalk, LLC's ("IDEA") motion for stay pending appeal with respect to the portion of the Bankruptcy Court's sale order that allowed the...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 7 months ago
Citation:
CTA5 No. 15-40321
Ruling:
Because Texas Property Code section 52.042 did not affect the lienholder's status until after the bankruptcy, and must be read in conjunction with section 52.043, which creates an exception for...
Case No. 14-2709 (3d Cir. Sept. 14, 2015)(PRECEDENTIAL)
Ruling:
United States Trustee's appeal from orders approving sale and settlement were not constitutionally, statutorily or equitably moot. Constitutional mootness only applies where it is impossible to...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 8 months ago
Citation:
In re Ferrante, No. CC-14-1222-KiTaPa (9th Cir. B.A.P. Aug. 26, 2015).
Ruling:
A qualified personal residence trust (“QPRT”) fails, and its assets revert to the grantor and become property of the estate upon the grantor’s bankruptcy, if the trust contains a prohibited...
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Jim D. Pappas, Bankruptcy Judges.
