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Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Racusin v. American Wagering, Inc. (In re American Wagering, Inc.)

  • Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
  • 11 years 7 months ago
Citation:
2014 WL 4179911 (9th Cir., Aug. 25, 2014)
Ruling:
Reversing and remanding the decision of the Bankruptcy Appellate Panel (the "BAP"), the Ninth Circuit held that the plain language of a settlement agreement between Appellant Racusin and Appellees...
Judge(s):
The Hon. Mary Margaret McKeown and The Hon. Richard R. Clifton, Circuit Judges, and The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation.
Tag(s):

Biixseth v. Eklund (In the Mater of BLX Group, Inc.)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 11 years 7 months ago
Citation:
Matter of BLX Group, Inc., No. 13-35122 (9th Cir. Aug. 26, 2014).
Ruling:
A nondebtor’s appeal of an order confirming a chapter 11 plan was untimely with respect to an earlier order approving the estate’s transfer of claims against the appellant to a liquidating...
Judge(s):
Alex Kozinski (Chief Judge), Richard A. Paez, and Marsha S. Berzon, Circuit Judges.
Tag(s):

Moxley v. Perry (In re Perry)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 7 months ago
Citation:
9th Circuit BAP No. AZ-13-1438-TaPaKi (August 26, 2014)
Ruling:
In the unpublished opinion the BAP ruled that record supported the determination that Mychelle Moxley ("Moxley") did not diligently prosecute the asserted 11 U.S.C. Sec. 523 claims for relief, and...
Judge(s):
Honorable Taylor, Pappas, and Kirscher
Tag(s):

Gould v. Red Hill Enterprises (In re Gould)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 7 months ago
Citation:
Gould v. Red Hill Enterprises (In re Gould), BAP No. CC-13-1437-KiLaPa (BAP 9th Cir. Aug. 25, 2014)
Ruling:
The 9th Circuit BAP affirmed US Bankruptcy Court for the Central District of California's entry of summary judgment in favor of plaintiff in dischargeability suit on separate grounds, affirming...
Judge(s):
Kirscher, Latham, and Pappas (J. Latham sitting by designation).
Tag(s):

Graham Mortgage Corp. v. Goff (In the Matter of Goff)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 11 years 7 months ago
Citation:
Graham Mortgage Corp. v. Tommy Goff, No. 13-41158
Ruling:
The Fifth Circuit affirmed the lower court's decision that (a) creditor was entitled to partial summary judgment, under section 727(a)(3), because Debtor failed to adequately maintain his books and...
Judge(s):
Davis, Smith and Clement, Circuit Judges.
Tag(s):

Meruelo v. Reorganized Meruelo Maddux Prop., Inc. (In re Meruelo Maddux Prop., Inc.)

Citation:
9th Circuit BAP No. CC-13-1494-KiTaD (August 26, 2014)
Ruling:
The BAP VACATED the order of the bankruptcy court for abuse of discretion in applying the "reasonableness" standard under Section 502(b)(4) to a post-petition claim for administrative expense based...
Judge(s):
Kirscher, Taylor, and Dunn
Tag(s):

General Lending Corp. v. Cancio

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 11 years 7 months ago
Citation:
General Lending Corp. v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).
Ruling:
The Circuit Court found that GLC could have identified the eligibility issues as early as July 2010 but failed to closely inspect the Debtor's schedules, that the Debtors had maintained their plan...
Judge(s):
Pryor, Martin and Edmondson
Tag(s):

Gutierrez v. Coker (In re Gutierrez)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 7 months ago
Citation:
Gutierrez v. Coker (In re Gutierrez), 9th Cir. B.A.P., NC-13-1469-DJuKu, August 19, 2014 [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the order of the bankruptcy court denying the motion for contempt for violation of the discharge injunction...
Judge(s):
DUNN, JURY and KURTZ, Bankruptcy Judges.
Tag(s):

Gronlund v. Anderson (In re Gronlund)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 7 months ago
Citation:
9th Cir. BAP No. CC-13-1566-KiTaPa (August 19, 2014)
Ruling:
In the unpublished decisions, the 9th Cir. BAP held that its review of the bankruptcy court's ruling was limited to determining whether the bankruptcy court's finding's were illogical, implausible,...
Judge(s):
Hon. Kirscher, Taylor, and Pappas
Tag(s):

Peoples v. Radloff (In re Peoples)

Citation:
No. 13-2686 (8th Cir. Aug. 20, 2014)
Ruling:
The Eighth Circuit affirmed the Bankruptcy Appellate Panel’s ruling that a chapter 7 debtor lacked standing to appeal an order approving the trustee’s compromise of a lawsuit belonging to the...
Judge(s):
Bye, Colloton, and Kelly.
Tag(s):

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