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.
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...
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...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
14 years 3 months ago
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).
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
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 5 months ago
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...
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.
Court held that a flexible and less stringent standard is used in bankruptcy cases to determine if orders are final for purposes of appellate jurisdiction. Court further held that the business...
Judge(s):
The Hon. Smith and the Hon. Stewart, decided by a quorum due to the death of the Hon. Garwood.
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
14 years 10 months ago
Citation:
2011 WL 1833240, No. 10-2306
Ruling:
In Buchman, the Seventh Circuit rejected any suggestion that the completion of a judicial sale makes an appeal related to the sale equitably moot. The Court noted that even where it would be...
