Whitney v. Everett (In re Pacific Thomas Corp.)

Citation:
NC-16-1255-BJuF (9th Circuit, Aug 03,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirming the bankruptcy court's denial of the appellant's motion for relief from stay that would allow the appellant to prosecute a state mandamus action that the appellant had brought on behalf...
Judge(s):
BRAND, JURY, FARIS (bankruptcy judges)
Tag(s):

Rosbottom, Jr. v. Schiff (In the Matter of Rosbottom, Jr.)

Citation:
16-31108 (5th Circuit, Jul 17,2017) Not Published
Case Status:
Reversed and Rendered
Ruling:
Donations of "undivided" interests in Debtor's community property to two separate Qualified Personal Residential Trusts (QPRT) were ineffective and void due to their violation of article 2337 of...
Judge(s):
King, Prado, Southwick (Per Curiam)
Tag(s):

Jahn, Jr. v. Burke (In re Burke)

Citation:
16-6603, 2017 WL 2990162 (6th Circuit, Jul 14,2017) Published
Case Status:
Affirmed
Ruling:
Trustee seeking to sell residence cannot force Debtor to vacate premises while Trustee attempts to sell property merely by tendering to Debtor the value of Debtor's claimed exemption.
Judge(s):
Moore, Gilman and Cook
Tag(s):

Kohut v. United Healthcare Insurance Co. (In re LSC Liquidation, Inc.)

Citation:
No. 16-2324; File Name:17a0415n.06 (6th Circuit, Jul 18,2017) Not Published
Case Status:
Affirmed
Ruling:
Sixth Circuit affirmed bankruptcy court's decision and found that the bankruptcy court did not abuse its discretion in modifying its order under Rule 60(b) to clarify that health insurance policies...
Judge(s):
Suhrheinrich, Batchelder and Stranch, Circuit Judges
Tag(s):

Gupta v. Quincy Medical Center

Citation:
USCA, First Circuit, No. 15-1183 (1st Circuit, Jun 02,2017) Not Published
Case Status:
Affirmed
Ruling:
In short, Appellants' claims do not fit into the narrow category of matters that "have no existence outside of the bankruptcy," In re Middlesex Power Equip. & Marine, Inc., 292 F.3d at 68, or...
Judge(s):
Zobel (Trial), Howard, Souter and Lipez, USCA-1st Circuit
Tag(s):

Brown Media Corp. v. K&L Gates, LLP

Citation:
15-4185-cv (2nd Circuit, Apr 14,2017) Not Published
Case Status:
Reversed
Ruling:
The 2nd Cir Ct of App held that res judicata did not bar plaintiff claims of breach of fiduciary duty, tortious interference and fraud against defendant law firm in connection with plaintiff’s...
Judge(s):
Hall, Livingston, Circuit Judges, and Garaufis, District Judge, sitting by designation
Tag(s):

First Community Bank v. Gaughan (In re Miller)

Citation:
No. 14-16854 (9th Circuit, Mar 31,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed ruling of district court (D. Ariz.), after district court reversed bankruptcy court's summary judgment in favor of judgment lien creditor, who brought adversary against chapter...
Judge(s):
Tashima, Smith, Korman
Tag(s):

Encanto Restaurants, Inc. v. Vidal, et al

Citation:
Bankruptcy Case Nos. 12-08567-MCF & 12-08570-MCF (Consolidated) , Adv. Pro. No. 14-00030-MCF, BAP No. PR 16-034 (1st Circuit, Mar 21,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Encanto lacks standing to pursue an appeal from the June 2016 Order and the Judgment to the extent that those rulings denied Encanto’s requests for relief for alleged violations of § 362’s...
Judge(s):
Bankruptcy Judge Mildred Caban Flores, BAP Judges: Bailey, Harwood and Fagone
Tag(s):

Hujazi v. Schoenmann (In re the Zuercher Trust of 1999)

Citation:
NC-15-1174-KuBS (9th Circuit, Mar 22,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's order approving the sale of two apartment buildings and finding that purchaser was a good faith purchaser within the meaning of § 363(m) affirmed.
Judge(s):
Kurtz, Brand, Spraker
Tag(s):

ABOVE-ALL TRANSPORTATION, INC. v FRAHER

Citation:
BAP No. MB 16-026 (MA BK Case No. 14-14241-MSH, Adv Pro No. 14-01201-MSH) (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...
Judge(s):
Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)
Tag(s):

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