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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):

Spitzauer v. Exoterm Holding D.D., et al. (In re Spitzauer)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 2 months ago
Citation:
Spitzauer v. Exoterm Holding D.D., et al. (In re Spitzauer), BAP No. 11-1180 (BAP 9th Cir. Jan. 27, 2014) (Not for Publication)
Ruling:
The 9th Circuit affirmed the BAP's decision affirming the bankruptcy court's order denying Appellant's second motion to extend time to file a notice of appeal. The 9th Circuit ruled that the...
Judge(s):
Canby, Silverman, Paez
Tag(s):

Bendetti v. Gunness (In re Gunness)

  • Summarized by Mark Hudson , Schian Walker, PLC
  • 12 years 2 months ago
Citation:
cc-13-1099-KuBaPa
Ruling:
Affirmed bankruptcy court ruling that granted summary judgment to the debtor; ruling that attorney's fees owed jointly and severally by the debtor and her husband to the husband's ex-wife and the...
Judge(s):
Kurtz, Ballinger, Pappas
Tag(s):

Rushton v. ANR Company, Inc, et al. (In re C.W. Mining Co.)

Citation:
No. 12-4091 (10th Cir. January 22, 2014).
Ruling:
With one exception (discussed below), the Tenth Circuit affirmed the district court’s dismissal of various consolidated bankruptcy appeals as statutorily moot by operation of § 363(m).
Judge(s):
Tymkovich, Brorby, and Murphy.
Tag(s):

Benta, et al. v. Carroll

  • Summarized by Valerie Hamilton , Sills Cummis & Gross PC
  • 12 years 2 months ago
Citation:
Case No. 13-2139 (3d Cir. Jan. 16, 2014) (Not Precedential)
Ruling:
Appeal alleging district court abused its discretion when dismissing declaratory judgment action is moot where district court effectively ruled on the merits by denying appellants' subsequent...
Judge(s):
Fisher, Cowen (author), Nygaard
Tag(s):

The Cadle Company v. Moore (In the Matter of Moore)

  • Summarized by Ryan Richmond , Sternberg, Naccari & White, LLC
  • 12 years 2 months ago
Citation:
No. 13-10325, 2014 U.S. App. LEXIS 470 (5th Cir. Jan. 9, 2014)
Ruling:
The Fifth Circuit reversed the District Court, vacated the order of dismissal and remanded to the Bankruptcy Court because the evidence was insufficient to warrant dismissal for abuse of judicial...
Judge(s):
Hon. Emilio M. Garza, Hon. W. Eugene Davis and Hon. James L. Dennis
Tag(s):

Hudson v. Martingale Investments, LLC (In re Hudson)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 12 years 2 months ago
Citation:
In re Hudson, No. CC-13-1264-BaPaKu (9th Cir. B.A.P. Jan. 14, 2014).
Ruling:
An exhibit attached to a declaration, not made by the declarant, was inadmissible under the business-records hearsay-rule exception because the declaration did not state that (1) the declarant kept...
Judge(s):
Eddward P. Ballinger, Jr. (Bankruptcy Judge for the District of Arizona, sitting by designation), Pappas, and Kurtz.
Tag(s):

Paul v. Allred (In re Paul)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 2 months ago
Citation:
In Re Paul, 8th Circuit Court of Appeals, No. 13-1747 (November 18, 2013)
Ruling:
The 8th circuit Court of Appeals affirmed the ruling of the bankruptcy court and bankruptcy appellate panel, that the debtor (Paul) could not claim the homestead exemption on rental property where...
Judge(s):
RILEY, Chief Judge, MELLOY and KELLY, Circuit Judges.
Tag(s):

Brock v. Glasser (In re Brock)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 12 years 2 months ago
Citation:
Brock, et al. v. Glasser (In re Brock), Case Nos. 12-001 (B.A.P. 10th Cir. January 9, 2014) (unpublished)
Ruling:
The BAP affirmed the allowance of a claim filed by a creditor of a revocable inter vivos trust settled by Chapter 11 individual Debtors holding that since the assets of the revocable inter vivos...
Judge(s):
Thurman, Cornish, Mosier (Thurman)
Tag(s):

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