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Victor Kearney v. Unsecured Creditors Committee

Summarizing by Bradley Pearce

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):

Rose v. Gottlieb (In re Khalil)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1253-KiKuD (May 11, 2015)
Ruling:
In the unpublished Ninth Circuit Bankruptcy Appellate Panel ("BAP"), two issues were presented on appeal. First, did the bankruptcy court err is granting the Chapter 7 Trustee's partial summary...
Judge(s):
KIRSCHER, KURTZ and DUNN, Bankruptcy Judges.
Tag(s):

Lane v. Barney (In re Lane)

Citation:
Lane v. Barney (In re Lane), BAP No. WY-14-053 & 14-054 (BAP 10th Cir. Mar. 20, 2015)
Ruling:
BAP for 10th Circuit dismissed appeal as moot after debtor appealed bankruptcy court (D. Wy.) striking debtor's objection to chapter 7 trustee's motion to sell property of estate. Because debtor...
Judge(s):
Thurman, Michael, Karlin
Tag(s):

Baker Hughes Oilfield Operations, Inc. v. Morton (In the Matter of R.L. Adkins Co.)

Citation:
Case No. 14-10768 (5th Cir. April 23, 2015)
Ruling:
Appellant was not entitled to maintain its Section 1111(b) election because the confirmed plan provided for a sale of the appellant's collateral and appellant failed to provide notice of its intent...
Judge(s):
REAVLEY, JONES, and ELROD, Circuit Judges.
Tag(s):

Peet v. Checkett (In re Peet)

Citation:
Peet v. Checkett (In re Peet), No. 14-6033 (BAP 8th Cir. Apr. 22, 2015)
Ruling:
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court overruling debtors' objection to chapter 7 trustee's motion to sell real estate and a pickup. BAP agreed that notwithstanding...
Judge(s):
Kressel, Schermer, Nail
Tag(s):

Lei v. Yan (In re Yan)

Citation:
Lei v. Yan (In re Yan), 9th Cir. B.A.P (NC-14-1266-JuTaPa), February 26, 2015 [Not for Publication]
Ruling:
In an unpublished opinion the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court’s denial of creditor motion seeking damages for violations of the automatic stay under...
Judge(s):
JURY, TAYLOR, and PAPPAS, Bankruptcy Judges.
Tag(s):

Tamm v. United Sates Trustee, Honolulu (In re Hokulani Square, Inc.)

Citation:
Case No. 11-60072 (9th Cir. 2015)
Ruling:
Relying on plain language, legislative history, and following prior decisions by the Third and Fifth Circuits, the Ninth Circuit Panel held that section 326(a) of the Bankruptcy Code does not...
Judge(s):
Alex Kozinski, Raymond C. Fisher, and Paul J. Watford, Circuit Judges. Opinion by Judge Kozinski.
Tag(s):

Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

Citation:
Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to...
Judge(s):
KIRSCHER, DUNN and JURY, Bankruptcy Judges
Tag(s):

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