Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Shankle v. Shankle (In the Matter of Shankle)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 12 years 1 month ago
Citation:
Case No. 13-60251 (5th Cir. Feb 7, 2014) (per curiam)
Ruling:
Affirmed judgment of non-dischargeability based on debtor’s failure to tender marital assets in contravention of a 1999 divorce decree, concluding that debtor’s actions “constituted an...
Judge(s):
SMITH, DeMOSS, and HIGGINSON
Tag(s):

Bank of England v. Rice (In re Webb)

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 12 years 1 month ago
Citation:
Eighth Circuit Court of Appeals Docket No. 13-1495
Ruling:
Affirming the decision of the District Court for the Eastern District of Arkansas, which had affirmed the ruling of the Bankruptcy Court for the Eastern District of Arkansas, the Eighth Circuit...
Judge(s):
Loken, Murphy and Smith; Opinion by Murphy.
Tag(s):

Dale v. Maney (In re Dale)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 1 month ago
Citation:
In Re Dale, 9th Cir. B.A.P., AZ-13-1251-DPaKu, (Feb. 5, 2014)
Ruling:
In a published opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy court ruling that an inheritance received by the debtor, 180 days following the petition date but prior to...
Judge(s):
DUNN, PAPPAS, and KURTZ,
Tag(s):

Lee v. Mortgage Electronic Registration Systems, Inc. (In re Mortgage Electronic Registration Systems, Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 1 month ago
Citation:
Ninth Circuit Court of Appeals; Case No. 12-16457
Ruling:
In the published case the Ninth Circuit Court of Appeals determined that the case was suitable for decisions without oral argument. The Ninth Circuit Court of appeals affirmed the transferor...
Judge(s):
Tashima, W. Fletcher, and Nguyen
Tag(s):

DeNoce v. Neff, et. al. (In re Neff)

  • Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
  • 12 years 1 month ago
Citation:
DeNoce v. Neff, et. al. (In re Neff), B.A.P. No. CC-13-1041 (9th Cir. B.A.P., February 4, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the order of the Bankruptcy Court granting the Debtor partial summary judgment and holding that the one-year "lookback period" of...
Judge(s):
Kirschner, Taylor and Dunn, Bankruptcy Judges.
Tag(s):

In re Equipment Acquisition Resources, Inc.

  • Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
  • 12 years 1 month ago
Citation:
Appeal from US Dist. Ct. ND IL ED, Case No. 11 C 05045
Ruling:
The 7th Circuit was asked to decide whether a Chapter 11 Debtor in Possession could bring an action to recoup its Federal tax payments pursuant to § 544(b)(1). The Court decided it could not, for...
Judge(s):
Before BAUER and FLAUM, Circuit Judges, and VAN BOKKELEN, District Judge
Tag(s):

Roque v. Yniguez (In re Yniguez)

Citation:
Roque v. Yniguez (In re Yniguez), BAP No. EC-13-1048-KiPaJu (B.A.P. 9th Cir., Jan. 31, 2014)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals ("9th Cir. BAP"), in an opinion labeled "not for publication," affirmed orders of the United States Bankruptcy Court for the...
Judge(s):
Bankruptcy Judges Kirscher, Pappas and Jury
Tag(s):

Credit Union Liquidity Service v. Green Hills Development Co. (In re Green Hills Development Co.)

Citation:
Credit Union Liquidity Service v. Green Hills Development Co. (In re Green Hills Development Co.), Case No. 12-60784 (5th Cir. Feb. 3, 2014)
Ruling:
The Fifth Circuit affirmed the dismissal of an involuntary bankruptcy petition. The petitioning creditor lacked standing to file a petition for involunary relief under 303(b) because its claims...
Judge(s):
Weiner, Dennis, Owen
Tag(s):

Wank et al. v. Gordon et al. (In re Wank)

  • Summarized by Albert Sheen , U.S. Bankruptcy Court
  • 12 years 2 months ago
Citation:
Wank et al. v. Gordon et al. (In re Wank), B.A.P. No. CC-13-1137-PaKuBa (9th Cir. B.A.P. Jan. 29, 2014)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel vacated the order granting summary judgment and remanded to the Bankruptcy Court, holding as follows. First, because prepetition waivers of discharge...
Judge(s):
Pappas, Kurtz, Ballinger
Tag(s):

Clark v. Zwanziger (In re Zwanziger)

Citation:
No. 110-080-WO (10th Cir. January 28, 2014).
Ruling:
Emphasizing the fact that issue preclusion generally applies to a decision on the merits of an issue that has been actually litigated, the Tenth Circuit held that issue preclusion does not apply to...
Judge(s):
Tymkovich, Holloway (dissenting), and Gorsuch.
Tag(s):

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