The United States Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the ruling of the United States Bankruptcy Court for the Eastern District of California, denying the...
Judge(s):
Honorable Judge Frank L. Kurtz, Honorable Judge Meredith A. Jury, Honorable Laura S. Taylor
The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.
Kane, et al. v. Stewart Tilghman Fox & Bianchi, P.A., et al. (In re Kane), No. 13-10560 (11th Cir. Jun. 26, 2014)
Ruling:
The 11th Circuit affirmed the lower courts’ finding that (i) the Stewart Firms’ $2M judgment against the two Kane debtors was excepted from discharge under §523(a)(6) (willful and malicious...
Judge(s):
Marcus, Circuit Judge; Proctor and Evans, District Judges.
Cherry v. Neuschafer (In re Neuschafer), No. KS-13-1030 & KS-13-1035 (BAP 10th Cir. June 12, 2014)
Ruling:
BAP affirmed bankruptcy court judgment applying issue preclusion to except from discharge state court fraud in the inducement judgment. BAP also affirmed bankruptcy court's judgment not to except...
not available as of yet. cite as: Robinson v. Am. Home Mortg. Servicing, Inc. (In re Mortg. Elec. Registration Sys.), 2014 U.S. App. LEXIS 10934 (9th Cir. Ariz. June 12, 2014)
Ruling:
With the exception of Count I, which sought damages under Arizona's false documents statute, the Ninth Circuit upheld the dismissal of all causes of action on appeal that were raised in the...
Judge(s):
Circuit Judges A. Wallace Tashima, William A. Fletcher, and Jacqueline H. Nguyen.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 9 months ago
Citation:
Lewis Brothers Bakeries Inc. v. Interstate Brands Corp., 8th Cir. Court of Appeals, No. 11-1850 [June 6, 2014]
Ruling:
In an En Banc decision, the 8th Circuit Court of Appeals reversed the judgment of the district court and bankruptcy court that held that the material and outstanding obligations of the licensing...
Judge(s):
RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.
The Court of Appeals for the Ninth Circuit, amending its opinion dated February 18, 2014, AFFIRMED the decision of the district court, and denied debtor's petition for a rehearing.
Judge(s):
J. Clifford Wallace, Sandra S. Ikuta, and Marvin J. Garbis.
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.
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...
