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

Summarizing by Bradley Pearce

Spokane Law Enforcement FCU v. Barker (In re Barker)

Citation:
In Re Barker, 9th Cir. B.A.P., MT-13-1393-JuKuPa (March 28, 2014) [Unpublished]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court which held, the bankruptcy court did not have the discretion to allow a late filed...
Judge(s):
JURY, KURTZ, and PAPPAS,
Tag(s):

Aftandilian v. Prestige Management Group, LLC

Citation:
Slip Copy, 2014 WL 1244789 (9th Cir.BAP (Cal.) (not appropriate for publication)
Ruling:
The Bankruptcy Appellate Panel first found that though Creditor had taken various steps in reliance of the completed nonjudicial sale, the appeal was not moot. The BAP also concluded that the...
Judge(s):
Kurtz, Pappas, Tayor
Tag(s):

Heatherwood Holdings, LLC v. HGC, Inc. (In re Heatherwood Holdings, LLC)

Citation:
No. 12-16020 (11th Cir. Mar. 27, 2014)
Ruling:
First, the defendant-mortgagee was a "person aggrieved" and therefore possessed Article III standing to appeal district court's affirmance of bankruptcy court's ruling that the mortgagee's property...
Judge(s):
Chief Judge Carnes, Circuit Judge Tjoflat and U.S. District Judge Marra (Southern District of Florida)
Tag(s):

Menotte v. US (In re Custom Contractors, LLC)

Citation:
2014 WL 1226852
Ruling:
The Eleventh Circuit held that the Internal Revenue Service was not liable as an "initial transferree" under 11 U.S.C. § 550(a)(1) as to pre-paid taxes that were otherwise avoidable by the...
Judge(s):
Chief Judge Carnes, Judges Wilson and Fay.
Tag(s):

Sharp v. Bryan Cave LLP (In the Matter of Estate Financial Mortgage Fund, LLC)

Citation:
Case Nos. 12-56009 and 12-56011 (9th Cir. Mar. 24, 2014) [Not for Publication]
Ruling:
In an unpublished memorandum decision, the Ninth Circuit reversed the district court and remanded for further proceedings, holding as follows. Under California law, a client who engages in...
Judge(s):
Farris, N.R. Smith, Watford
Tag(s):

Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.)

Citation:
Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.), No. 12-3899 & No. 12-4011 (8th Cir. March 20, 2014)
Ruling:
The Eighth Circuit affirmed the BAP's allowance of new value as a preference offset, but reduced the amount of preference liability based on an incorrect calculation by the BAP. In an issue of...
Judge(s):
Loken, Gruender, and Shepherd
Tag(s):

Goaz v. Rolex Watch U.S.A. Inc. (In the Matter of Goaz)

Citation:
Cas No. 13-10282 (5th Cir. Mar. 19, 2014)
Ruling:
"Knowingly selling merchandise bearing counterfeit trademarks necessarily causes injury to the trademark." Fifth Circuit affirmed district court's ruling, thereby affirming the bankruptcy court's...
Judge(s):
Wiener, Owen and Haynes (per curiam)
Tag(s):

Schlehuber v. Fremont National Bank & Trust Co. (In re Schlehuber)

Citation:
In Re Schlehuber, 8th Cir. Court of Appeals, No. 13-2070 [March 19, 2014][Unpublished]
Ruling:
In an unpublished per curiam opinion, the 8th Circuit Court of Appeals affirmed the ruling of the Bankruptcy Appellate Panel and the Bankruptcy Court, which held that a creditor has the standing...
Judge(s):
WOLLMAN, MURPHY, and SMITH,
Tag(s):

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