Weinstein v. Fox (In re Fox)

Citation:
Weinstein v. Fox (In re Fox) - B.R. - (9th Cir. B.A.P. July 2, 2013)
Ruling:
The Ninth Circuit Bankruptcy Appeals Panel adopted the opinion of the Nevada Supreme Court, and reversed the bankruptcy court, holding that a Nevada debtor, who is subject to community property...
Judge(s):
Johnson, Jury and Hollowell, Bankruptcy Judges
Tag(s):

Gentile v. DeGiacomo (In re Gentile)

Citation:
Gentile v. DeGiacomo (In re Gentile), BAP No. MB 12-071 (1st Cir. BAP, May 20, 2013)
Ruling:
By 2-1 decision, the Panel dismissed the debtors’ appeal of a bankruptcy court order granting the chapter 7 trustee’s motion to sell real estate fully-encumbered by a disputed lien for lack of...
Judge(s):
Lamoutte (dissenting), Kornreich (writing for the majority), and Cabán
Tag(s):

Fuchs & Associates, Inc. v. Lesso (In re Lesso)

Citation:
BAP No. CC-12-1515 (9th Cir. BAP) (entered May 10, 2013)(Unpublished)
Ruling:
Appellant law firm, Fuchs & Associates, Inc. ("FAAI"), has no standing to object or receive proceeds to Elke Lesso's ("Debtor") section 363(f) sale of real property "free and clear" because the...
Judge(s):
Markell, Taylor, Montali (9th Cir. BAP)
Tag(s):

Bank of the West v. Damon Pursell Construction Co. (In re Damon Pursell Construction Co.)

Citation:
Bank of the West v. Damon Pursell Construction Company (In re Damon Pursell Construction Co.), Case No. 13-6015
Ruling:
The BAP affirmed the decision of the bankruptcy court granting summary judgment in favor of Bank of the West ("BOW") and rejecting National Bank of Kansas City's ("NBKC") request for equitable...
Judge(s):
Kressel, Schermer, and Nail
Tag(s):

Teed v. Thomas & Betts Power Solutions, L.L.C.

Citation:
Nos. 12-2440, 12-3029 (7th Cir. March 26, 2013)
Ruling:
Successor liability is appropriate in suits to enforce federal labor or employment laws-even when the successor disclaimed liability when it acquired the assets, unless there is a good reason to...
Judge(s):
Posner, Flaum, Williams
Tag(s):

In re Alabama Aircraft Industries, Inc.

Citation:
No. 12-1290
Ruling:
Transfer of a cause of action to a Litigation Trust - in accordance with the terms of an Asset Purchase Agreement - can be insulated from attack on appeal pursuant to Section 363(m). That section...
Judge(s):
McKee, Sloviter, and Vanaskie
Tag(s):

Massachusetts Dept. of Unemployment Assistance v. OPK Biotech, LLC (In re PBBPC, Inc.)

Citation:
Massachusetts Department of Unemployment Assistance v. OPK Biotech, LLC (In re PBBPC, Inc.), BAP No. MB-12042 (1st Cir. B.A.P. Jan. 17, 2013)
Ruling:
The First Circuit B.A.P., adopting the expansive definition of “interest” in Section 363(f) of the Bankruptcy Code, held that “interest” in Section 363(f) includes all obligations that may...
Judge(s):
Haines, Deasy, Tester
Tag(s):

In re Miller

Citation:
In re Miller, Case No. 12-9008 (B.A.P. 6th Cir. December 27, 2012) (limited precedential effect pursuant to 6th Cir. BAP LBR 8013-1(b))
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit (the “BAP”) held that the appellants, a chapter 7 debtor and his heir, were not “persons aggrieved” by the bankruptcy court’s order...
Judge(s):
Emerson, Fulton, and Preston, Bankruptcy Appellate Panel Judges
Tag(s):

TC Healthcare I, LLC v. Dupuis (In re Haven Eldercare, LLC)

Citation:
TC Healthcare I, LLC v. Dupuis (In re Haven Eldercare, LLC), Case No. 12-468-bk (2d Cir. Nov. 15, 2012) (summary order) [Not Precedential]
Ruling:
The Circuit Court AFFIRMED the District Court judgment barring, as res judicata, the motion of the Appellant, a Section 363 purchaser of the Debtor's assets, seeking an order declaring that...
Judge(s):
Barrington D. Parker, Reena Raggi, and Gerard Lynch.
Tag(s):

Lefkowitz v. Michigan Trucking, LLC (In re Gainey Corp.)

Citation:
BAP 6th Cir. (Case No. 11-8038)
Ruling:
AFFIRMING the bankruptcy court's ruling for an order dismissing the Appellant's (the Liquidation Trustee) adversary complaint for failure to state a claim for relief pursuant to Federal Rule of...
Judge(s):
Fulton, McIvor and Shea-Stonum.
Tag(s):

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