Delannoy v Woodlawn Colonial, L.P.

• Summarized by Lars Fuller , BakerHostetler
• 7 years 7 months ago

Citation:

BAP No. CC-17-1334-SKuL (9th Circuit, Aug 31,2018) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) granting chapter 7 trustee's sale of debtor's state court appeal rights to appellee. Bankruptcy court did not abuse discretion in...

Judge(s):

Spraker, Kurtz, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Practice and Procedure
• 11 usc 363

H3O Communications, LLC v. Kane (In re AMKO Fishing Co, Inc.

• Summarized by Lars Fuller , BakerHostetler
• 7 years 8 months ago

Citation:

BAP No. HI-17-1255-TaLLs (9th Circuit, Aug 07,2018) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed bankruptcy court (D. HI) ruling that creditor did not have maritime lien that attached to settlement proceeds from chapter 7 trustee's settlement with third party...

Judge(s):

Taylor, Lafferty, Lastreto

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Claims
• Fraudulent Transfers
• Practice and Procedure
• Professional Practice Areas
• 11 U.S.C § 502

In re Haggen Holdings, LLC

• Summarized by Daniel Waxman , KEWA Financial Inc.
• 7 years 8 months ago

Citation:

17-3159 (3rd Circuit, Jul 17,2018) Not Published

Case Status:

Affirmed

Ruling:

Profit-sharing provision in a lease triggered upon assignment of the lease is an unenforceable anti-assignment provision pursuant to 11 U.S.C. 365(f)(1)

Judge(s):

McKee, Shwartz, Cowen

Tag(s):

• 3rd Circuit
• Asset Sales
• Executory Contracts/Leases
• 365(f)

Viegelahn v. Lopez

• Summarized by Camila Bersani , U.S. Bankruptcy Court
• 7 years 8 months ago

Citation:

17-50297 (5th Circuit, Jul 31,2018) Published

Case Status:

Reversed and Rendered

Ruling:

After voluntary dismissal, Chapters 13 debtors were entitled to the proceeds from the sale of homestead that had lost its exempt status. Proceeds that were acquired post-petition vested in the...

Judge(s):

KING, ELROD, and GRAVES

Tag(s):

• 5th Circuit
• Asset Sales
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 349(b). 522

Samuel v. JPMorgan Chase Bank, N.A.

• Summarized by Lars Fuller , BakerHostetler
• 7 years 8 months ago

Citation:

BAP No. EC-17-1036-BHKu (9th Circuit, Jul 31,2018) Not Published

Case Status:

Dismissed

Ruling:

BAP for 9th Circuit dismissed debtor's appeal as moot following appeal of order by bankruptcy court (ED Cal.) granting chapter 11 trustee's motion for (1) use of cash collateral, (2) authorizing...

Judge(s):

Brand, Hursh, Kurtz

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 363

Lind v. Spacone

• Summarized by Lars Fuller , BakerHostetler
• 7 years 8 months ago

Citation:

BAP No. EC-18-1001-BHKu (9th Circuit, Jul 27,2018) Not Published

Case Status:

Dismissed

Ruling:

BAP for 9th Circuit dismissed appeal of order approving sale as moot after trustee and buyer agreed to abandon the sale and filed new motion with bankruptcy court to approve sale. Based on...

Judge(s):

Brand, Hursh, Kurtz

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 363

Dalton v. Warfield

• Summarized by Lars Fuller , BakerHostetler
• 7 years 8 months ago

Citation:

BAP No. AZ-17-1310-SBaF (9th Circuit, Jul 11,2018) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Az.) granting chapter 7 trustee's motion to approve compromise over debtor's objection. Debtor's pending appeal of prepetition entry of...

Judge(s):

Spraker, Bason, Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Insurance
• Rule 9019

Illinois Department of Revenue v. Hanmi Bank

• Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
• 7 years 9 months ago

Citation:

Nos. 147-1575 (N.D. Ill. Bankr. Case No. 12-49658) & 17-2004 (N.D. Ill. Bankr. Case No. 15-05384) (consolidated appeals) (7th Circuit, Jul 09,2018) Published

Case Status:

Affirmed

Ruling:

7th Circuit Court of Appeals affirmed the decision of both Bankruptcy Courts, holding that TDOR's interest, the right to pursue Bulk Sale purchasers personally for sellers' unpaid state taxes, was...

Judge(s):

BUAER, FLAUM, and ROVNER

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Valuation
• Bankruptcy Taxation
• Finance and Banking
• Rule 9014 (Fed. R. Civ. P. 22)
• Rule 8006
• 11 usc 363
• 11 USC 361
• 11 USC 507

Giese v. Lexington Coal Company (In re HNRC Dissolution Co.)

• Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
• 7 years 10 months ago

Citation:

16-8013 (6th Circuit, Jun 01,2018) Published

Case Status:

Affirmed

Ruling:

On de novo review, the BAP affirmed the Bankruptcy Court's decision to hear, and to dismiss, all seven (7) counts of the State Action. The BAP agreed that a "proceeding" under 28 U.S.C. 1334(c)...

Judge(s):

Harrison, Opperman, and Preston

Tag(s):

• 6th Circuit
• Asset Sales
• Claims
• Plan Confirmation
• Venue/Jurisdiction
• Business Reorganization
• 28 U.S.C. 1334(c)(2)

OHA Investment Corp. v. Schlumberger Technology Corp.

• Summarized by Lars Fuller , BakerHostetler
• 7 years 11 months ago

Citation:

No. 17-20224 (5th Circuit, Apr 17,2018) Published

Case Status:

Affirmed

Ruling:

Safe-harbor provision of Louisiana Oil Well Lien Act (LOWLA) allowed sale of lessee's overriding royalty interest (ORRI) free and clear of service providers' liens. LOWLA both created liens in...

Judge(s):

Reavley, Smith, Owen

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure

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