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

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Lira v. Bayview Loan Servicing, LLC (In re Lira)

  • Summarized by Shara Cornell , McDonald Hopkins LLC
  • 12 years 1 month ago
Citation:
BAP No. CC-13-1086 (April 23, 2014) (Not for Publication)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
Tag(s):

Manty v. Johnson (In re Johnson)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 1 month 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.
Tag(s):

Anderson v. Architectural Glass Construction, Inc. (In re Phister)

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 12 years 1 month ago
Citation:
Case No. 12-2465 (4th Cir. April 17, 2014)
Ruling:
In a published decision, the Fourth Circuit reversed the decision of the District Court of South Carolina which had reversed the bankruptcy court's decision that the debtor's transfer of her...
Judge(s):
Before Circuit Judges Motz, King and Shedd. Judge Motz wrote the majority opinion, in which Judge King joined. Judge Shedd wrote a dissenting opinion.
Tag(s):

C.W. Mining Co. v. Bank of Utah

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 1 month ago
Citation:
No. 12–4174 (10th Cir. Apr. 15, 2014)
Ruling:
Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a...
Judge(s):
Mkovich, Brorby, and Murphy, Circuit Judges.
Tag(s):

Krys v. Pigott

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 12 years 1 month ago
Citation:
Krys v. Pigott, Case No. 12-3575(L) (2d Cir. Apr. 11, 2014)
Ruling:
Under New York law, claims of aiding and abetting (i) fraud and (ii) breach of fiduciary duty require "actual knowledge" of, respectively, the fraudulent scheme and the applicable breach of duty;...
Judge(s):
Kearse, Pooler, and Livingston
Tag(s):

Borges v. AG New Mexico (In re Borges)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 12 years 1 month ago
Citation:
Borges v. AG New Mexico (In re Borges), BAP No. NM-13005 (BAP 10th Cir. 2014)
Ruling:
Creditor's lien on certain real estate could be avoided under 11 U.S.C. Section 544(a)(3) because under New Mexico law, the recording of a corrected mortgage which added property omitted from the...
Judge(s):
Michael, Nugent, and Somers
Tag(s):

Cox, Trustee v. Momar Inc. (In re Affiliated Foods Southwest Inc.)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 1 month ago
Citation:
Cox v. Momar Inc., No. 13-1721 (8th Cir. April 10, 2014)
Ruling:
The 8th Circuit affirmed the U.S. District Court's (E.D. Arkansas) grant of summary judgment in favor of defendant, finding that ordinary course of business exception barred avoidability of...
Judge(s):
Wollman, Loken, Kelly
Tag(s):

Adelphia Recovery Trust v. Goldman

  • Summarized by Ferve Ozturk , BakerHostetler
  • 12 years 2 months ago
Citation:
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling:
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the...
Judge(s):
Winter, Walker, Cabranes
Tag(s):

Cathay Enterprises, Inc. v. Design Trend International Interiors Ltd. (in the Matter of Cathay Enterprises, Inc.)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 2 months ago
Citation:
Cathay Enterprises, Inc. v. Design Trend Int'l Interiors Ltd. (In re Cathay Enterprises, Inc.), No. 12-15650 (9th Cir. Mar. 31, 2014) (unpublished)
Ruling:
The Ninth Circuit affirmed the district court's judgment in favor of defendant as to liability, but reversed and remanded for the calculation of prejudgment interest and attorneys' fees. As to...
Judge(s):
Wallace, McKeown, and Gould
Tag(s):

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