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Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Shapiro v. Henson

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 12 years 2 months ago
Citation:
No. 11-16019, 9th Cir. Jan. 9, 2014 (For Publication)
Ruling:
The Ninth Circuit Court of Appeals held that Section 542 of the Bankruptcy Code and pre-Bankruptcy Code practice permit a trustee to seek turnover from an entity that had "possession, custody, or...
Judge(s):
N. Randy Smith, Jacqueline H. Nguyen, Gordon J. Quist
Tag(s):

Arvest Bank v. Cook (In re Cook)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 2 months ago
Citation:
No. 13-6014 (B.A.P. 8th Cir. Jan. 9, 2014)
Ruling:
Reversing the order of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (“BAP”) held that a deed of trust was not void for lack of consideration and that a...
Judge(s):
Saladino, Nail and Shodeen, Bankruptcy Judges.
Tag(s):

Arvest Bank v. Cook (In re Cook)

Citation:
Arvest Bank v. Cook (In re Cook), Case No. 13-6014 (BAP 8th Cir., Jan. 9, 2014)
Ruling:
The BAP did not disturb the finding of the bankruptcy court that the Arvest Bank judgment lien had priority over Empire Bank's judgment lien; the BAP held that the guaranty obligations owed to...
Judge(s):
Saldino, Nail, and Shodeen
Tag(s):

Tracht Gut, LLC v. County of Los Angeles and Tax Collector (In re Tracht Gut, LLC)

  • Summarized by Jordan Wishnew , Shearman & Sterling LLP
  • 12 years 2 months ago
Citation:
12-20308 (MT); CC-13-1229-PaTaD (BAP 9th Cir. Jan. 3, 2014)
Ruling:
The bankruputcy court's rulings were AFFIRMED. The BAP held that the bankruptcy court: (i) did not err in dismissing the Debtor's complaint under Fed.R.Civ.P. 12(b)(6); (ii) did not abuse its...
Judge(s):
Pappas, Taylor and Dunn
Tag(s):

Kittay v. Korff (In the Matter of Palermo)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 12 years 2 months ago
Citation:
Docket Nos. 11-848-cv (L), 11-849-cv (Con) (2nd Cir. Jan. 7, 2014)
Ruling:
Held that the district court did not err in refusing to dismiss the complaint as untimely on the basis that the bankruptcy court's direction to file amended and/or separate claims constituted a de...
Judge(s):
KEARSE, POOLER, and LIVINGSTON, Circuit Judges
Tag(s):

Kollinger v. Hoyle (In the Matter of Kollinger)

Citation:
No. 13-40512 (5th Cir. December 31, 2013).
Ruling:
The Fifth Circuit affirmed the district court’s dismissal of a bankruptcy appeal, holding that the district court did not abuse its discretion in dismissing an appeal after the appellant failed...
Judge(s):
Wiener, Owen, and Haynes.
Tag(s):

Chionis v. Starkus (In re Chionis)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 3 months ago
Citation:
In Re Chionis, 9th Cir. B.A.P., CC-12-1501-KuBaPa (Dec 27, 2013) [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel UPHELD part of the bankruptcy court finding that Creditor Appellee (Starkus) violated the bankruptcy discharge and the...
Judge(s):
KURTZ, BALLINGER and PAPPAS,
Tag(s):

Blade Energy Pty Ltd., et al. v. Rodriguez

  • Summarized by Holly Roark , Roark Law Offices
  • 12 years 3 months ago
Citation:
Blade Energy Pty, LTD v. Jacqueline Rodriguez, CC-13-1256-DKiTa (9th Cir. B.A.P. 2013)
Ruling:
Bankruptcy court affirmed. Adversary proceeding dismissed with prejudice for counsel's failure to prosecute and comply with local rules regarding meet and confer and filing a joint status report.
Judge(s):
Scott C. Clarkson, presiding; before judges Dunn, Kirscher, and Taylor.
Tag(s):

Hosseini v. Key Bank, N.A. (In re Hosseini)

  • Summarized by Albert Sheen , U.S. Bankruptcy Court
  • 12 years 3 months ago
Citation:
B.A.P. No. CC-12-1516-DKiTa (9th Cir. B.A.P. Dec. 19, 2013) [Not for Publication]
Ruling:
In an unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court, holding that the bankruptcy court did not abuse its discretion in awarding debtor only $10.82...
Judge(s):
Dunn, Kirscher, and Taylor
Tag(s):

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