Bushnell v. Bank of the West (In re Bushnell), Case No. 11-6083 (8th Cir. BAP May 8, 2012)
Ruling:
An owner of property in which the debtor has no legal or equitable interest is a party in interest in the debtor's bankruptcy case that may be entitled to seek and receive relief from the automatic...
Judge(s):
Kressel, Chief Judge, Schermer (wrote the opinion), and Federman, Bankruptcy Judges.
In re Vistacare Group, LLC, et. al., No. 11-2695 (May 4, 2012 3d Cir.) (Precedential)
Ruling:
The Third Circuit Court of Appeals held that the Barton doctrine, which requires a party seeking to sue a court-appointed receiver, to first obtain leave of the appointing court, applies to...
Cook v. Wells Fargo Bank, N.A., Case No. 04-17704 (B.A.P. 10th Cir. April 19, 2012) (unpublished)
Ruling:
The Bankruptcy Appellate Panel AFFIRMED the bankruptcy court's order stating that the debtor, Daniel William Cook, lacks standing to assert sanctions against Wells Fargo N.A. and Mr. and Mrs....
In re Inofin Inc., No. 11-11010 (B.A.P. 1st Cir. March 6, 2012)
Ruling:
The B.A.P found that the motion for relief from stay was not a final order as when relief from stay is denied because a moving party has failed to make the necessary showing of a colorable claim in...
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
14 years 1 month ago
Citation:
In re Jonathan M. Webb [No. 11-8016] (6th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel held that: (i) the doctrine of lis pendens did not preclude certain real property from becoming property of the debtor's bankruptcy estate, (ii) the...
The Tenth Circuit held that Deutsche Bank failed to establish that it was a "party in interest" for purposes of obtaining relief from the automatic stay. The Bank did not prove that it had actual...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
14 years 3 months ago
Citation:
--F.3d-- (9th Cir. 2012); case no. 10-56128
Ruling:
The Ninth Circuit Court of Appeals affirmed the holding of the U.S. District Court and reversed the Bankruptcy Court, finding that there is no "whole enterprise exception" to the application of the...
Judge(s):
The Honorable Dorothy W. Nelson, the Honorable Ronald M. Gould, and the Honorable Sandra S. Ikuta, Circuit Judges.
A secured creditor can object to a plan to protect its lien from unfavorable treatment, but a plan can be crammed down over objection provided one of three subsections of Bankruptcy Code §...
The bankruptcy court and district court properly applied the relevant Robbins factors and provided a reasoned basis for finding that each factor had been met, and therefore did not abuse its...
Judge(s):
Shedd and Duncan, Circuit Judges, and Osteen (M.D.N.C.) sitting by designation.
The United States Court of Appeals for Third Circuit affirms the United States District Court for the District of Delaware’s order affirming the Bankruptcy Court’s decision enforcing the...
