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Kim v. Wolkowitz (In re Kim)

  • Summarized by Joel Newell , Wright Finlay & Zak, LLP
  • 2 years 11 months ago
Citation:
BAP No. CC-16-11130TaLN (9th Circuit, Feb 15,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Based on the Bankruptcy Appellate Panel's ("BAP") recent ruling in a related case; Hooshim v. Wolkowitz (In re Kim), BAP No. CC-15-1273-TaKuF, 2016 WL 2654350 (9th Cir. BAP May 2, 2016). The...
Judge(s):
Honorable TAYLOR, LAFFERTY, and NOVACK.
Tag(s):

Lardas v. Gricic, et al.

  • Summarized by Elizabeth Gunn , Virginia Office of the Attorney General, Div. of Child Support Enforcement
  • 2 years 11 months ago
Citation:
15-1685, 15-1704, 16-2913, 16-4210 (7th Circuit, Feb 03,2017) Published
Case Status:
Affirmed
Ruling:
Stemming from long-running litigation between the parties, the court affirmed the judgments of the United States District Court for the Northern District of Illinois that dismissed a claim for...
Judge(s):
Wood, Easterbrook, Hamilton
Tag(s):

Mission Product Holdings, Inc. v. Old Cold, LLC

Citation:
Mission Product Holdings, Inc. v. Old Cold, LLC, 1st Cir. Bankr. App. Panel app. I
Ruling:
The Bankruptcy Appellate Panel for the First Circuit affirms the bankruptcy court's order approving the sale of substantially all of the assets of Debtor.
Judge(s):
Lamoutte, Hoffman, and Cary
Tag(s):

Holley v. Corcoran (In re Holley)

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 3 years 3 months ago
Citation:
File No. 16a0580n.06; Case No. 16-1081 (Sixth Cir., October 25, 2016)
Ruling:
Sixth Circuit Court of Appeals reversed bankruptcy court's decision which allowed Chapter 7 trustee payment of administrative expenses from the proceeds of sale of real property owned by debtors as...
Judge(s):
Circuit judges Daughtery, Gibbons,and Cook
Tag(s):

Adeli v. Barclay (In re Berkley Delaware Court, LLC)

  • Summarized by Thomas Phinney , Parkinson Phinney
  • 3 years 5 months ago
Citation:
9th Cir. Case No. 14-55854 (August 23, 2016)
Ruling:
An appeal of a hybrid compromise/sale order was moot under § 363(m) where debtor did not obtain stay pending appeal and the bankruptcy court did not clearly err in determining that the creditor...
Judge(s):
Raymond C. Fisher, Milan D. Smith, Jr., and Jacqueline H. Nguyen, Circuit Judges
Tag(s):

Bencomo v. Avery (In re Bencomo)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 3 years 5 months ago
Citation:
In re Bencomo, No. CC 15-1442-DKuF (9th Cir. B.A.P. Aug. 8, 2016). Not for publication.
Ruling:
The bankruptcy court failed to consider whether the chapter 7 debtor’s use of homestead proceeds to make residential rent payments qualified as reinvestment under Cal. Code Civ. P. § 704.720(b).
Judge(s):
Randall L. Dunn, Frank L. Kurtz, and Robert J. Faris, Bankruptcy Appellate Panel Judges.
Tag(s):

Salven c. Galli (In re Pass)

  • Summarized by Jeffrey Coe , Mesch Clark Rothschild
  • 3 years 5 months ago
Citation:
Salven v. Galli (In re Pass), Case No. 15-1367-DTaJu (BAP 9th Cir. Aug. 1, 2016)
Ruling:
The 9th Cir. BAP affirmed the bankruptcy court's (E.D. Cal) order and summary judgment that a non-debtor ex-spouse (Galli) was entitled to claim a homestead exemption in community property of the...
Judge(s):
Dunn, Taylor, Jury
Tag(s):

Elliott, et al. v. General Motors LLC (In the Matter of: Motors Liquidation Co.)

  • Summarized by Ryan Heilman , Wernette Heilman PLLC
  • 3 years 6 months ago
Citation:
Elliott v. General Motors LLC (In re Motors Liquidation Co.), Case Nos. 15-2844, 15-2847, 15-2848 (2d Cir. N.Y. July 13, 2016).
Ruling:
The Second Circuit Court of Appeals determined that the debtor, General Motors Corporation ("Old GM"), had an obligation to provide notice to vehicle owners with defects of which Old GM knew or...
Judge(s):
STRAUB, CHIN, and CARNEY
Tag(s):

Arlington Capital, LLC v. Bainton McCarthy LLC, et al. (In re GT Automation Group, Inc.)

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 3 years 6 months ago
Citation:
In re GT Automation Group, Inc., No. 1:14-CV-98 (7th Cir. July 8, 2016) (unpublished).
Ruling:
In the bankruptcy context, an appellant lacks standing if it is unable to realize any economic benefit from a potential reversal.
Judge(s):
Posner, Williams, and Pallmeyer (District Judge of the Northern District of Illinois, sitting by designation.)
Tag(s):

Gaines v. Parker (In re Shaver Lakewoods Development Inc.)

  • Summarized by Joel Newell , Wright Finlay & Zak, LLP
  • 3 years 6 months ago
Citation:
9th Cir. Bankrupcy Appellate Panel Case No. EC-15-1312-TaJuD (Not or Publication)
Ruling:
The BAP agreed that the assignment in favor of the Appellant did not give rise to a mortgage against the real property at issue. The terms of the agreement between the Appellant and Debtor did not...
Judge(s):
Honorable TAYLOR, JURY, and DUNN, Bankruptcy Judges.
Tag(s):

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