In re Knight-Celotex, LLC

Citation:
In re Knight-Celotex, LLC, et al., Case No. 11-01815, ---F.3d ---- (7th Cir. Sept. 5, 2012)(slip opinion) (Hamilton, J)
Ruling:
AFFIRMING the District Court, the Seventh Circuit held that the Bankruptcy Court did not abuse its discretion by finding that a trustee was not judicially estopped from assigning claims against the...
Judge(s):
Cudahy, Kanne, and Hamilton, Seventh Circuit Judges.
Tag(s):

Lovald v. Tennyson (In re Wolk)

Citation:
Lovald v. Tennyson (In re Wolk), Case No. 10-6050 (8th Cir.BAP Oct. 14, 2010)
Ruling:
The strong arm powers under section 544 provide the trustee with the powers of a bona fide purchaser. In South Dakota, a co-owner of property can overcome the presumption that property held as a...
Judge(s):
Kressel, Chief Judge, Federman, and Saladino, Bankruptcy Judges
Tag(s):

Studensky v. Morgan (In re Morgan)

Citation:
Studensky v. Morgan (In re Morgan), No. 11-51180 (5th Cir. July 17, 2012) * Unpublished opinion pursuant to 5TH CIR. R. 47.5
Ruling:
The Fifth Circuit REVERSED the judgment of the District Court and held that, where a debtor does not claim a homestead exemption and then sells the homestead post-petition, the debtor has the...
Judge(s):
Jolly, Higginbotham, and Dennis (per curiam)
Tag(s):

McCleary v. Reliastar Life Insurance Co.

Citation:
McCleary v. Reliastar Life Insurance Co., No. 11-3169 (8th Cir. June 29, 2012)
Ruling:
AFFIRMING District Court's finding on a motion for summary judgment that a chapter 7 trustee's sale of a claim against a probate estate, where the sole beneficiary of the probate estate is the...
Judge(s):
WOLLMAN and COLLOTON, Circuit Judges, and HICKEY, District Judge.
Tag(s):

Samson v. Western Capital Partners, LLC (In re Blixseth)

Citation:
No. 11-60042 BAP No. 10-1334 (9th Cir. June 21, 2012)
Ruling:
Termination of the automatic stay under Section 362(h) applies to all the debtor's personal property securing a creditor's claim, rather than just the personal property scheduled as securing that...
Judge(s):
Ronald M. Gould, Jay S. Bybee, and Carlos T. Bea.
Tag(s):

In re: Vistacare Group, LLC, et al.

Citation:
In re Vistacare Group, LLC, et. al., No. 11-2695 (May 4, 2012 3d Cir.) (Precedential)
Ruling:
The Third Circuit Court of Appeals held that the Barton doctrine, which requires a party seeking to sue a court-appointed receiver, to first obtain leave of the appointing court, applies to...
Judge(s):
McKee, Fisher, Greenaway
Tag(s):

In re River West Plaza-Chicago, LLC

Citation:
Case No. 11-2085 (7th Cir., Dec. 22, 2011)
Ruling:
In River West, the Seventh Circuit declined to consider the merits of an appeal pertaining to a 363 sale for two reasons. First, the appellant, Schwab, failed to obtain a stay, and therefore...
Judge(s):
Bauer, Tinder, and Magus-Stinson (sitting by designation).
Tag(s):

Allen Group Partners v. Golden (In re Eisen)

Citation:
No. 10-55227 / D.C. No. 8:09-cv-00952-TJH (not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
The Ninth Circuit affirmed the California District Court’s order affirming the Bankruptcy Court’s approval of the trustee’s sale of real property free and clear of all liens and interests...
Judge(s):
LEAVY, WARDLAW, Circuit Judges, and MAHAN, District Judge
Tag(s):

Seaver v. New Buffalo Auto Sales, LLC (In re Hecker)

Citation:
Case No. 11-6007 (8th Cir. Oct. 20, 2011)
Ruling:
The Court ruled that because there was no equity in the real property at issue on the petition date, judgment liens held by certain judgment holders, who ended up recovering on their judgment liens...
Judge(s):
Schermer, Vetners, and Nail
Tag(s):

Banks v. Kondaur Capital Corp. (In re Banks)

Citation:
Banks v. Kondaur (In re Banks) Case No. 11-6025 - 8th Circuit (BAP October 2011)
Ruling:
Reverse and remand to bankruptcy court its previous summary judgment in favor of Defendant Kondaur Mortgage Corp. Specifically, in this case, because there was a material issue of fact regarding...
Judge(s):
Venters, Federman and Saladino - Bankruptcy Judges for the BAP.
Tag(s):

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