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Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

In re KB Toys Inc, et al.

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 12 years 4 months ago
Citation:
No. 13-1197, November 15, 2013, United States Court of Appeals for the Third Circuit
Ruling:
A trade claim that is subject to disallowance under § 502(d) of the Bankruptcy Code in the hands of the original claimant is similarly disallowable in the hands of a subsequent transferee (such as...
Judge(s):
Argued before Judges Chagares, Vanaskie and Shwartz. Opinion by Judge Shwartz
Tag(s):

Kulakowski v. Walton (In re Kulakowski)

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 12 years 4 months ago
Citation:
Kulakowski v. Walton (In re Kulakowski), Case No. 12-15294 (11th Cir. Nov. 15, 2013) (published).
Ruling:
Bankruptcy court, in appropriate circumstances, can consider the entirety of a non-filing spouse's income in its totality of the circumstances analysis under 11 U.S.C. Section 707(b)(3)(B).
Judge(s):
Jordan, Dubina, and Baldock
Tag(s):

BP RE, L.P. v. RML Waxahachie Dodge, L.L.C.

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 12 years 4 months ago
Citation:
No. 12-51270, Consolidated with No. 12-51279
Ruling:
Adopting the Sixth Circuit's reasoning in Waldman v. Stone, 689 F.3d 910, 919 (6th Cir. 2012), cert. denied, 133 S. Ct. 1604 (2013), the Fifth Circuit ruled that bankruptcy courts are...
Judge(s):
Before SMITH, GARZA, and SOUTHWICK, Circuit Judges.
Tag(s):

Heritage Pacific Financial, LLC v. Montano (In re Montano)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 5 months ago
Citation:
Heritage Pacific Financial, LLC v. Montano (In re Montano), NC-12-1579-PaDJu (9th Cir. BAP Nov. 1, 2013)
Ruling:
Ninth Circuit BAP affirmed rulings of Bankruptcy court for the Northern District of California granting summary judgment dismissing lender's 11 USC 523(a)(2) complaint. BAP affirmed that lender's...
Judge(s):
Pappas, Dunn, and Jury
Tag(s):

Knaub v. Rollison (In re Rollison)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 12 years 5 months ago
Citation:
Knaub, et al. v. Rollison, Case No. CO-13-028 (B.A.P. 10th Cir. October 29, 2013) (unpublished)
Ruling:
Under § 523(a)(2)(A), Plaintiff must prove that Debtor’s promise to build a new house – the misrepresentation - caused Plaintiff’s damages and any such damages are limited to those incurred...
Judge(s):
Thurman, Cornish, Karlin
Tag(s):

Phillips v. Phillips (In re Phillips)

Citation:
Phillips v. Phillips (Case No. 13-6019, October 30, 2013)
Ruling:
The BAP affirmed the decision of the bankruptcy court giving collateral estoppel effect to a state court judgment, finding that the debtor had converted assets of various parties and that the...
Judge(s):
Federman, Schermer, and Saldino
Tag(s):

Davin v. Johnson (In re Calderon)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 5 months ago
Citation:
BAP Case No. EC-13-1010-JuKiPa (October 28, 2013)
Ruling:
In the unpublished decision, the BAP affirmed the bankruptcy court’s order denying his motion for leave to file a late proof of claim (POC) and a complaint for 11 U.S.C. § 523...
Judge(s):
Hon. JURY, KIRSCHER, and PAPPAS.
Tag(s):

Cardenas v. Madison Realty Capital LP

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 12 years 5 months ago
Citation:
D.C. Docket Nos. 1:12-cv-20150-KAM; 10-20941-AJC (No. 12-16142)
Ruling:
The Court of Appeals for the Eleventh Circuit affirmed the ruling entered by the bankruptcy court and affirmed on appeal by the District Court for the Souther District of Florida which held that...
Judge(s):
Hull and Martin, Circuit Judges; Bowen, District Judge
Tag(s):

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