An intermediate appellate court's affirmance of a bankruptcy court's denial of
confirmation of a reorganization plan is not a final order appealable under § 158(d)(1) so long as the debtor...
Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
11 years 10 months ago
Citation:
2014 U.S. App. LEXIS 8882, 2014 FED App. 0099P (6th Cir.), 6th Circuit Appellate Case No. 13-5764, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 2:12-cv-00463
Ruling:
The United States Court of Appeals for the Sixth Circuit held that the “absolute-priority rule” applies to individual Chapter 11 debtors; therefore, objecting impaired unsecured creditors must...
Judge(s):
Richard Fred Suhrheinrich
Eugene Edward Siler, Jr.
Raymond Kethledge
Knaub v. Rollison, No. 13-1503 (10th Cir. May 9, 2014)
Ruling:
Tenth Circuit ruled that it lacked jurisdiction to review appeal of BAP's reversal and remand order. Tenth Circuit ruled that because BAP remanded to bankruptcy court to take evidence and rule on...
The Ninth Circuit BAP affirmed that Bankruptcy Court’s decision that Delores’ security interest through filing of a UCC-1 financing statement on May 27, 2009 constituted a transfer within 1...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 11 months ago
Citation:
Muth v. Muth (In re Muth) 10 Cir. B.A.P., CO-13-055 (May 1, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 10th Circuit Bankruptcy Appellate Panel Affirmed the ruling by the Bankruptcy Court that dismissed the debtor's chapter 11 case and the award of attorney's fees to...
Judge(s):
THURMAN, Chief Judge, CORNISH, and MICHAEL, Bankruptcy Judges.
The Tenth Circuit affirmed the district court’s ruling that the doctrine of equitable subrogation would not operate to grant Ocwen a first-priority lien on certain real property owned by the...
Summarized by Martha Lowe , American Bankruptcy Institute
11 years 11 months ago
Citation:
Los Feliz Ford, Inc. dba Star Chrysler Jeep v. Chrysler Group, LLC & the U.S., No. 12-56082 (9th Cir. April 24, 2014)
Ruling:
The 9th Circuit affirmed in part, reversed in part, vacated in part, and remanded following review of the district court's grant of summary judgment to Chrysler Group LLC ("Chrysler"). The 9th...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
11 years 11 months ago
Citation:
Galluzzo v. Commissioner of Internal Revenue, No. 13-3555 (3d Cir. April 24, 2014)
Ruling:
The United States Tax Court did not have jurisdiction over former debtors' tax redetermination action because the Commissioner of Internal Revenue did not mail a notice of deficiency to the debtors...
BAP No. CC-13-1086 (April 23, 2014) (Not for Publication)
Ruling:
A party cannot assert improper service as a defense on appeal if it was never raised before the bankruptcy court. Further, a bankruptcy court is not required to hold a hearing if the notice period...
Judge(s):
Honorable Deborah J. Saltzman Presiding; Before Dunn, Pappas and Kirscher, Bankruptcy Judges
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 11 months ago
Citation:
In Re Johnson, 8th Circuit Bankruptcy Appellate Panel, No. 13-6050. (April 22, 2013)
Ruling:
The 8th Circuit Bankruptcy Appellate Panel reversed the ruling of the Bankruptcy Court permitting the Debtor’s claimed exemption in her property tax refund as a “government assistance". The 8th...
Judge(s):
FEDERMAN, Chief Judge, SCHERMER and NAIL, Bankruptcy Judges.
