State Bank of Florence v. Miller (In re Miller)

Citation:
File name: 13a0134n.06; Case No. 11-2357
Ruling:
Unpublished opinion affirming the Sixth Circuit BAP, which affirmed bankruptcy court rulings denying bank's motion for relief from the automatic stay and its objection to confirmation of the...
Judge(s):
Cook, Stranch and Stamp (Dist. Judge, N.D. WV); opinion by Stranch
Tag(s):

Timco, LLC v. T and M Sales Agency, Inc. (In re Timco, LLC)

Citation:
13a0063n.06
Ruling:
Appeal of bankruptcy court's decision remanding case removed state court action to confirm arbitration award which was affirmed by district court was unreviewable by the court of appeals under 28...
Judge(s):
Guy, Sutton and Cook
Tag(s):

Collect Access LLC v. Hernandez (In re Hernandez)

Citation:
BAP No. SC-12-1209 JuMkPa (consolidated with BAP No. SC-12-1217 JuMkPa (for publication)
Ruling:
The Ninth Circuit BAP (Panel) affirmed (on other grounds) the Bankruptcy Court's order compelling a judgment lien creditor to turnover funds levied upon pre-petition to the chapter 7 debtor.
Judge(s):
JURY, MARKELL, and PAPPAS, Bankruptcy Judges
Tag(s):

Castro v. Kondaur Capital Corp. (In re Castro)

Citation:
In re Castro, 2012 WL 5935957 (10th Cir. Nov. 28, 2012)
Ruling:
Appellant that was neither debtor nor creditor and had no interest in real property or, at best, such interest was subordinate, lacked standing to object to creditor’s motion for relief from...
Judge(s):
Lucero, Tymkovich, and Holmes
Tag(s):

Keyser v. Wasatch Towers Condominium Owners Association, Inc. (In re Keyser)

Citation:
No. 12-4114 (10th Cir. Nov. 27, 2012)
Ruling:
Affirming the Bankruptcy Appellate Panel, the Tenth Circuit dismissed an appeal by Steven Keyser (“Debtor”) for lack of jurisdiction because his notice of appeal was untimely under Fed. Rul....
Judge(s):
Murphy, Ebel, and Hartz, Circuit Judges.
Tag(s):

Santander Consumer USA, Inc. v. Houlik (In re Houlik)

Citation:
10th Cir. B.A.P. - BAP No. KS - 11-096 (Bankr. Case No 09-12159)
Ruling:
REVERSE lower court's ruling, concluding that the bankruptcy court did not have the authority to award damages to debtors, Jeffrey P Houlik and Charla Houlik, in the amount of $474.86 actual...
Judge(s):
Cornish, Brown and Rasure.
Tag(s):

Ball Kelly, LLC v. Bank of America, N.A.

Citation:
Ball Kelly, LLC, d/b/a Taylor Kelly, LLC v. Bank of America, N.A., No. 11-3369 (10th Cir. 2012)
Ruling:
10th Circuit affirmed the U.S. District Court for the District of Kansas dismissal of complaint for failure to state a claim where plaintiff subcontractor asserted claim for equitable lien in...
Judge(s):
Kelly, Baldock, and Ebel (10th Circuit).
Tag(s):

U.S. v. Colasuonno

Citation:
U.S. v. Colasuonno, Case No. 11-1188 (2nd Cir. Oct. 12, 2012)
Ruling:
Section 362(b)(1) of the Code excepts from the stay "the commencement or a continuation of a criminal action or proceeding against the debtor." In a matter of first impression for this court, the...
Judge(s):
Kearse, Walker, and Raggi, Circuit Judges
Tag(s):

Rugiero v. DiNardo (In re Rugiero)

Citation:
6th Cir. Court of Appeals (E.D. Michigan Oct. 10, 2012)
Ruling:
AFFIRMING the lower court's ruling that debtor's attorney fees that arose out of a child-custody dispute is non-dischargeable.
Judge(s):
Sutton, Griffin, and White.
Tag(s):

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