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Bencomo v. Avery (In re Bencomo)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 4 years 6 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 Not for publication.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
  • 4 years 6 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
  • 4 years 7 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
  • 4 years 7 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In re GT Automation Group, Inc., No. 1:14-CV-98 (7th Cir. July 8, 2016) (unpublished).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 , Jennings, Strouss & Salmon, PLC
  • 4 years 7 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):

Nelson v. Fifth Third Bank, et al. (In re Brunsman, Jr.)

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 4 years 8 months ago
Citation:
File Name:16b0008n.06 (Nos. 15-8014/8015, June 1, 2016
Ruling:
The bankruptcy court abused its discretion when it granted summary judgment for the Chapter 7 Trustee sua sponte. While there is no prohibition against granting summary judgment sua sponte, it is...
Judge(s):
Harrison, Opperman, Wise
Tag(s):

Sheehan v. Saoud, et al.

Citation:
Sheehan v. Saoud (4th Cir., 2016) (Unpublished Opinion dated 5/24/2016 No. 15-1338)
Ruling:
Unpublished Opinion AFFIRMING the ruling of the United States District Court for the Northern District of West Virginia (1:11-cv-00163-IMK-JSK) of 01/28/15. See 526 B.R. 166 (2015).
Judge(s):
Circuit Judges J. Harvie Wilkenson, III and Paul V. Niemeyer, and United States District Judge or the District of South Carolina David C. Norton, sitting by designation. Judge Norton wrote the opinion, in which Judge WIlkinson and Judge Niemeyer joined.
Tag(s):

Hooshim, et al. v. Wolkowitz (In re Kim)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 4 years 9 months ago
Citation:
In re Kim, No. CC-15-1273-TaKuF (9th Cir. B.A.P. May 2, 2016). Not-for-publication memorandum.
Ruling:
A trustee may not avoid a lien as a fraudulent transfer after selling the property subject to (i.e., not free and clear of) the lien.
Judge(s):
Laura S. Taylor, Frank L. Kurtz, and Robert J. Farris, Bankruptcy Appellate Panel Judges.
Tag(s):

Morris, et al. v. Davis (In re Morris)

  • Summarized by Lars Fuller , BakerHostetler
  • 4 years 11 months ago
Citation:
BAP No. SC-15-1222-FJuKi (BAP 9th Cir. Mar. 29, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) approving a settlement agreement, finding the bankruptcy court did not abuse its discretion in granting the...
Judge(s):
Faris, Jury, Kirscher
Tag(s):

Official Committee of Unsecured Creditors of Great Lakes Quick Lube LP v. T.D. Investments I, LLP (IN re Great Lakes Quick Lube LP)

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 4 years 11 months ago
Citation:
7th Cir., Case No. 15-2093, Decided March 11, 2016
Ruling:
The judgment of the bankruptcy court was reversed, and the case remanded in order to determine: a) the value of the asset transferred (in the form of commercial leases that were terminated...
Judge(s):
POSNER, FLAUM and WILLIAMS, Circuit Judges
Tag(s):

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