Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
12 years 6 months ago
Citation:
Reeves v. Callaway, 2013 U.S. App. LEXIS 23358, Case No. 12-2127 (4th Cir. Nov. 20, 2013) (unpublished) (per curiam)
Ruling:
PER CURIAM Affirming the Bankruptcy Court and District Court holdings: Debtors' Residence remained property of the bankruptcy estate despite the bankruptcy court allowing Debtors to reserve an...
Judge(s):
Judges Dennis W. SHEDD and James A. WYNN, Jr., and Senior Judge Clyde H. HAMILTON
The Court of Appeals for the Eleventh Circuit affirmed the ruling entered by the bankruptcy court and affirmed on appeal by the District Court for the Souther District of Florida which held that...
Judge(s):
Hull and Martin, Circuit Judges; Bowen, District Judge
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
12 years 7 months ago
Citation:
11-2283
Ruling:
The Eighth Circuit affirmed the District Court holding that the appeals of the Debtor's principals and of an entity related to the Debtor must be dismissed. The Debtor's principals appealed from an...
The Appellate Panel reversed a bankruptcy court's decision to deny dismissal of a declaratory relief adversary action in bankruptcy. The declaratory relief sought a determination that the estate...
Judge(s):
Hon. Jim Pappas
Hon. Meredith Jury
Hon. Laura Taylor
In re Reno Snax Sales, LLC, (Reno Snax Sales, LLC v. Heritage Bank of Nevada) NV-12-1512-DKiCo, 9th Cir. B.A.P. (2013).
Ruling:
Heritage Bank was not required to comply with the notice provisions of N.R.S. 482.516 and Article 9 in order to assert a claim to recover any deficiency out of the Reno Snax sale proceeds,...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
12 years 9 months ago
Citation:
-- F3d. --, No. 12-4047 (3d Cir. July 30, 2013)
Ruling:
The United States Court of Appeals for the Third Circuit reversed the judgment of the United States District Court for the District of Delaware, finding that the United States Bankruptcy Court for...
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...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
12 years 10 months ago
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...
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
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...
