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George Czaplinski v. Bank of America

Summarizing by Kristin Jain

The Zuercher Trust of 1999 v. Schoenmann (The Zuercher Trust of 1999)

Citation:
9th Circuit BAP Case Nos. NC-14-1440-KuWJu and NC-14-1515-KuWJu (Not for Publication)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the sale of real property. In regards to the issue of The Zuercher Trust of 1999 ("Trust") and...
Judge(s):
Bankruptcy Judges KURTZ, WANSLEE, and JURY
Tag(s):

Spice 4 Life v. Rund (In re Jawa) ** Not For Publication **

Citation:
Spice 4 Life v. Rund (In re Java) B.R. (9th Cir. B.A.P. December 4, 2015)
Ruling:
** Not For Publication ** The Bankruptcy Appellate Panel for the Ninth Circuit held Spice 4 Life's claims were moot because it did not oppose a Trustee's Motion to Revoke a Living Trust which...
Judge(s):
KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges
Tag(s):

In re Revel AC, Inc., et al.

Citation:
In re Revel AC, Inc., et al. (3d Cir. 15-1253, Sept. 30, 2015)
Ruling:
Third Circuit reversed the District Court's denial of IDEA Boardwalk, LLC's ("IDEA") motion for stay pending appeal with respect to the portion of the Bankruptcy Court's sale order that allowed the...
Judge(s):
Ambro, Schwartz and Krause
Tag(s):

Moser, et al. v. Schachar (In the Matter of Thaw)

Citation:
CTA5 No. 15-40321
Ruling:
Because Texas Property Code section 52.042 did not affect the lienholder's status until after the bankruptcy, and must be read in conjunction with section 52.043, which creates an exception for...
Judge(s):
Before REAVLEY, ELROD and HAYNES, Circuit Judges.
Tag(s):

In re ICL Holding Company, Inc., et al

Citation:
Case No. 14-2709 (3d Cir. Sept. 14, 2015)(PRECEDENTIAL)
Ruling:
United States Trustee's appeal from orders approving sale and settlement were not constitutionally, statutorily or equitably moot. Constitutional mootness only applies where it is impossible to...
Judge(s):
Ambro (author), Fuentes, Roth
Tag(s):

Ferrante v. Casey (In re Ferrante)

Citation:
In re Ferrante, No. CC-14-1222-KiTaPa (9th Cir. B.A.P. Aug. 26, 2015).
Ruling:
A qualified personal residence trust (“QPRT”) fails, and its assets revert to the grantor and become property of the estate upon the grantor’s bankruptcy, if the trust contains a prohibited...
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Jim D. Pappas, Bankruptcy Judges.
Tag(s):

Latus v. Shumate Spokane, LLC (In re Shumate Spokane, LLC)

Citation:
Latus v. Shumate Spokane, LLC (In re Shumate Spokane, LLC), BAP No. EW-14-1302-TaPaJu, 2015 WL 5013358 (B.A.P. 9th Cir. Aug. 25, 2015)
Ruling:
Affirming the bankruptcy court, the Bankruptcy Appellate Panel for the Ninth Circuit held that (1) the debtor’s former employees’ claim seeking to surcharge the debtor’s secured lenders under...
Judge(s):
Taylor, Pappas, Jury, Bankruptcy Judges
Tag(s):

Petfinders, L.L.C. v. Chapter 11 Trustee Sherman (In The Matter of Ondova Ltd. Co.)

Citation:
Fifth Circuit Court of Appeals; No. 13-10120
Ruling:
The plain language of section 363(m) prevents an appellate court from granting effective relief in cases challenging bankruptcy court orders authorizing the sale of property of the estate to a...
Judge(s):
Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.
Tag(s):

Allen v. Absher (In re Allen)

Citation:
Allen v. Absher, et al. (In re Allen), No. 14-1242 (10th Cir. May 27, 2015)
Ruling:
The 10th Circuit affirmed the U.S. District Court for the District of Colorado, which affirmed the bankruptcy court's order approving the sale of debtor's stock in two oil companies to a creditor....
Judge(s):
Briscoe, Lucero, Matheson
Tag(s):

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. General Motors

Citation:
15a0361n.06
Ruling:
Ruling against the United Auto Workers (UAW) and in favor of GM, the Sixth Circuit held the 2009 Retiree Settlement Agreement (2009 RSA) extinguished an obligation for New GM to pay $450 million...
Judge(s):
Boggs, Sutton and Stranch, Circuit Judges.
Tag(s):

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