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Picard v. Fairfield Greenwich; Picard v. Schneiderman

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 11 years 8 months ago
Citation:
Picard v. Fairfield Greenwich; Picard v. Schneiderman, 13‐1289‐bk (L) 13‐1392‐cv (CON); 13‐1785, (2d Cir. August 8, 2014)
Ruling:
The United States Court of Appeals for the Second Circuit held that the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (ʺBLMISʺ) and of the bankruptcy estate of...
Judge(s):
SACK, CHIN, and DRONEY, Circuit Judges
Tag(s):

Yellow Express, LLC v. Dingley (In re Dingley)

Citation:
BAP No. NV-13-1261-KiJuTa (B.A.P. 9th Cir. Aug. 6, 2014)
Ruling:
REVERSING the bankruptcy court's order awarding sanctions, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court erred when it (a) found that appellants had willfully...
Judge(s):
KIRSCHER, JURY and TAYLOR
Tag(s):

Korchinsky v. Skyline Vista Equities, LLC (In re Manasaryan)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 11 years 8 months ago
Citation:
Korchinsky v. Skyline Vista Equities, LLC (In re Manasaryan), No. CC-13-1303-DKiTa (July 23, 2014)
Ruling:
The bankruptcy court properly granted in rem and retroactive stay relief in a chapter 13 case. (Not-for-publication memorandum.)
Judge(s):
Randall L. Dunn, Ralph B. Kirscher, and Laura S. Taylor, Bankruptcy Judges
Tag(s):

Flying Pigs, Inc v. RRAJ Franchising, LLC

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 11 years 9 months ago
Citation:
Flying Pigs, LLC v. RRAJ Franchising, LLC., 4th Cir. No.: 13-2135 (July 01, 2014), 2014 U.S. App. LEXIS 12404
Ruling:
Vacated and remanded, via published opinion on July 01, 2014, to the Superior Court of Lenior County, North Carolina.
Judge(s):
Judge Robert B. King, Judge Roger L. Gregory, and Judge Stephanie D. Thacker. Opinion by Judge King, in which Judge Gregory and Judge Thacker joined.
Tag(s):

Pettry v. Patriot Coal Corp. (In re Patriot Coal Corp.)

  • Summarized by Michael Cooley , Reed Smith LLP
  • 11 years 10 months ago
Citation:
No. 14-6005 (8th Cir. B.A.P. June 5, 2014)
Ruling:
The B.A.P. affirmed the bankruptcy court’s denial of claimant’s motion for reconsideration of an order sustaining debtor’s omnibus objection to claims.
Judge(s):
Kressel, Saladino, and Shodeen.
Tag(s):

Crouser v. BAC Home Loans Servicing, LP

Citation:
Crouser v. BAC Home Loans Servicing, LP (In re Crouser), Case No. 13-14304 (11th Cir. June 6, 2014) (unpublished) (per curiam).
Ruling:
The Eleventh Circuit held that settlement proceeds derived from the post-confirmation settlement of claims against the debtor's mortgagor for violation of the automatic stay were property of his...
Judge(s):
Wilson, Pryor and Anderson, Circuit Judges.
Tag(s):

Branch Banking & Trust Co. v. Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 11 years 10 months ago
Citation:
Branch Bank. & Trust Co. v. Constr. Super. Servs., Inc., Case No 13-1560 (4th Cir. May 22, 2014)
Ruling:
Unperfected subcontractors lien is an interest in property as of the petition date for section 362(b)(3) and 546(b) purposes despite not having served notice of (i.e. perfected) such lien under...
Judge(s):
King, Shedd, and Wynn
Tag(s):

Lodge v. Kondaur Capital Corporation

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 11 years 11 months ago
Citation:
13-10919; D.C. Docket No. 1:10-cv-00736-WCO (May 8, 2014)
Ruling:
The Court of Appeals for the 11th Circuit affirmed the district court's orders granting summary judgment in favor of Defendants. The Circuit Court held that emotional distress damages fall...
Judge(s):
Hull, Black and Walter
Tag(s):

Lira v. Bayview Loan Servicing, LLC (In re Lira)

  • Summarized by Shara Cornell , McDonald Hopkins LLC
  • 11 years 11 months ago
Citation:
BAP No. CC-13-1086 (April 23, 2014) (Not for Publication)
Ruling:
A party cannot assert improper service as a defense on appeal if it was never raised before the bankruptcy court. Further, a bankruptcy court is not required to hold a hearing if the notice period...
Judge(s):
Honorable Deborah J. Saltzman Presiding; Before Dunn, Pappas and Kirscher, Bankruptcy Judges
Tag(s):

Schwartz-Tallard v. America's Servicing Co

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 11 years 11 months ago
Citation:
America’s Servicing Company v. Schwartz-Tallard (In re Schwartz-Tallard), Case No. 11-1429 (9th Cir. Apr. 16, 2014).
Ruling:
The Court of Appeals for the Ninth Circuit (the "Ninth Circuit") affirmed the decision of the Bankruptcy Appellate Panel for the Ninth Circuit (the "B.A.P."), holding that a debtor is not precluded...
Judge(s):
J. Clifford Wallace and Ronald M. Gould, Circuit Judges and Paul C. Huck, Senior District Judge (sitting by designation).
Tag(s):

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