File No. 16a0580n.06; Case No. 16-1081 (Sixth Cir., October 25, 2016)
Ruling:
Sixth Circuit Court of Appeals reversed bankruptcy court's decision which allowed Chapter 7 trustee payment of administrative expenses from the proceeds of sale of real property owned by debtors as...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
9 years 8 months ago
Citation:
9th Cir. Case No. 14-55854 (August 23, 2016)
Ruling:
An appeal of a hybrid compromise/sale order was moot under § 363(m) where debtor did not obtain stay pending appeal and the bankruptcy court did not clearly err in determining that the creditor...
Judge(s):
Raymond C. Fisher, Milan D. Smith, Jr., and Jacqueline H. Nguyen, Circuit Judges
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 9 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 Not for publication.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.
Summarized by Jeffrey Coe , Mesch Clark Rothschild
9 years 9 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...
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...
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.
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...
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.
