1. The commencement of a bankruptcy case by the owner of a maritime vessel, and the plaintiff's failure to verify an amended complaint, do not divest the district court of its exclusive in rem...
Judge(s):
Raymond C. Fisher, Richard A. Paez, and Jacqueline H. Nguyen
BAP for 9th Circuit issued single ruling on four separate appeals. BAP dismissed appeals as moot, and in alternative, affirmed on the merits. After bankruptcy court (C.D. Cal.) approved settlement...
BAP for 10th Circuit affirmed ruling of bankruptcy court (W.D. Okla.) denying creditors' claim for breach of contract. Bankruptcy court properly considered parole evidence under Oklahoma contract...
Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
8 years 6 months ago
Citation:
No. 16-3953 (Pursuit Capital Mgmt. Fund I, L.P. v. Burtch (In re Pursuit Capital Mgmt., LLC), 2017 U.S. App. LEXIS 20889) (3rd Circuit, Oct 24,2017) Published
In this precedential ruling, the Third Circuit ruled that Section 363(m) moots a challenge to a trustee's sale of avoidance actions because the appellant did not obtain a stay pending appeal and a...
Judge(s):
JORDAN, KRAUSE, Circuit Judges and RICHARD G. STEARNS, District Judge sitting by designation
The Ninth Circuit Court of Appeals affirmed the order of the district court affirming the bankruptcy court’s decision that a bankruptcy trustee’s sale of a debtor’s property was free and...
The trustee can overcome the burden of demonstrating that an appeal of a sale under § 363(b) is moot under § 363(m) if the appellant fails to offer a permissible theory for relief that would...
Affirming the bankruptcy court's denial of the appellant's motion for relief from stay that would allow the appellant to prosecute a state mandamus action that the appellant had brought on behalf...
Donations of "undivided" interests in Debtor's community property to two separate Qualified Personal Residential Trusts (QPRT) were ineffective and void due to their violation of article 2337 of...
Trustee seeking to sell residence cannot force Debtor to vacate premises while Trustee attempts to sell property merely by tendering to Debtor the value of Debtor's claimed exemption.
