Now Updating
Lil' Joe Records, Inc. v. Christopher Won, Jr., et al

Summarizing by Bradley Pearce

Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Meehan v. Ocwen Loan Servicing, LLC (In re Meehan)

Citation:
AP No. CC-13-1571-DTaSp (B.A.P. 9th Cir., September 29, 2014) (NOT FOR PUBLICATION)
Ruling:
The B.A.P. AFFIRMED the bankruptcy court’s dismissal of the Plaintiff’s adversary proceeding against the Defendants. Only a trustee, can pursue claims on behalf of a bankruptcy estate. For a...
Judge(s):
Dunn, Taylor, and Spraker, U.S. Bankruptcy Appellate Panel Judges
Tag(s):

Intertek USA, Inc. v. Caribbean Petroleum Corp. (In re Caribbean Petroleum Corp.)

  • Summarized by Valerie Hamilton , Sills Cummis & Gross PC
  • 11 years 8 months ago
Citation:
TGse No. 13-4415 (3d Cir. Sept. 18, 2014) (Not Precedential)
Ruling:
The district court's determination that the bankruptcy court orders in question unambiguously provide for pro rata distribution to all holders of general unsecured claims, including tort claims is...
Judge(s):
Rendell, Greenaway, Jr., and Krause (author)
Tag(s):

Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 8 months ago
Citation:
Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC., 5th Cir. Court of Appeals, No. 13-10969, September 16, 2014
Ruling:
The 5th Circuit Court of Appeals affirmed the 5th Circuit District Court’s dismissal of Drillers’ constructive trust and equitable lien claims. The 5th Circuit Court of Appeals reversed and...
Judge(s):
STEWART, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges Opinion Authored by JENNIFER WALKER ELROD, Circuit Judge:
Tag(s):

Vehicle Market Research, Inc. v. Mitchell Intl., Inc.

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 8 months ago
Citation:
Vehicle Market Research, Inc. v. Mitchell International, Inc., No. 12-3333 (10th Cir. Sept. 17, 2014)
Ruling:
Tenth Circuit reversed trial court, ruling that judicial estoppel did not apply to bar claim by plaintiff where plaintiff's principal attested in bankruptcy that value of stock in company was...
Judge(s):
Kelly, Ebel, and Bacharach
Tag(s):

Hawkins, III v. The Franchise Tax Board of CA

Citation:
Hawkins, III v. The Franchise Tax Board of CA, BAP No. 11-16276 (9th Cir. Sept. 15, 2014)
Ruling:
REVERSED, and REMANDED. The "mere showing of spending in excess of income is not sufficient" to establish willfulness under 523(a)(1)(C), and the proper standard is whether Plaintiff's actions...
Judge(s):
Kleinfeld, Thomas, and Rawlinson (dissent).
Tag(s):

KDC Foods v. Gary, Plant, Mooty

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
  • 11 years 8 months ago
Citation:
KDC Foods, Inc. v. Gray, Plant, Mooty, Mooty & Bennett, P.A., No. 13-3678, --- WL --- (7th Cir. Aug. 15, 2014)
Ruling:
The Court held that the causes of action accrued when the debtor should have discovered the facts constituting the fraud and had sufficient information to make it aware of the need to investigate...
Judge(s):
Tinder, Hamilton, Kapala (sitting by designation)
Tag(s):

Schwab v. Oscar (In re SII Liquidation Co.)

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 11 years 8 months ago
Citation:
Schwab v. Oscar (In re SII Liquidation Co.), Case No. 14-8009 (6th Cir. B.A.P. Sept. 15, 2014).
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's denial of a motion for relief from judgment. The bankruptcy court had previously dismissed movants' malpractice...
Judge(s):
HUMPHREY, OPPERMAN, and PRESTON
Tag(s):

Anderson v. Fisher (In re Anderson)

  • Summarized by James Bailey , Butler Snow LLP
  • 11 years 8 months ago
Citation:
14 FED App. 0007P (6th Cir.)
Ruling:
Default judgment entered against Debtors/Defendants as a sanction for conduct in prepetition state court litigation was entitled to preclusive effect under the Full Faith and Credit Statute (28...
Judge(s):
Emerson, Opperman and Preston
Tag(s):

Christians v. Dmitruk (In re Dmitruk)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 8 months ago
Citation:
Christians v. Dmitruk (In re Dmitruk), 8th Cir. B.A.P. (14-6023), September 15, 2014
Ruling:
The 8th Circuit Bankruptcy Appellate Panel affirmed the order of the Bankruptcy Court overruling the Trustee’s objection to the Debtor’s claimed exemption in the portion of his state income tax...
Judge(s):
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges
Tag(s):

Pages

About us in numbers

3968 in the system

3826 Summarized

1 Being Processed