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Encanto Restaurants, Inc. v. Vidal, et al

  • Summarized by William Amann , Braucher & Amann, PLLC
  • 3 years 4 months ago
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)

  • Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
  • 3 years 4 months ago
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

  • Summarized by William Amann , Braucher & Amann, PLLC
  • 3 years 4 months ago
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):

Kim v. Wolkowitz (In re Kim)

  • Summarized by Joel Newell , Wright Finlay & Zak, LLP
  • 3 years 5 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
  • 3 years 6 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 9 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 11 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
  • 4 years 21 hours 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
  • 4 years 1 week 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):

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