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Summarizing by J. Eric Lockridge

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Karen Michele Rozier v. U.S. Bank N.A. (In re Rozier)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 7 months ago
Citation:
In re Rozier, BAP No. CC-12-1359-KiPaD (BAP 9th Cir. August 19, 2013)
Ruling:
Ninth Circuit BAP affirmed U.S. Bankruptcy Court for the Central District of California (J. Bauer) grant of relief from stay for cause pursuant to 11 USC 362(d)(1) over objection of Chapter 7...
Judge(s):
Kirscher, Pappas, Dunn
Tag(s):

Queen v. TA Operating, LLC

Citation:
No. 11-8090 and 11-8098 (10th Cir. August 20, 2013).
Ruling:
Affirming the lower court decision, the Tenth Circuit concluded that, where the debtor sought damages in a personal injury lawsuit in an amount that far exceeded the value of the claim as disclosed...
Judge(s):
Tymovich, Ebel, and O’Brien.
Tag(s):

Huntington National Bank v. Thomas Richardson, et al. (In re Cyberco Holdings Inc.)

Citation:
Huntington National Bank v. Thomas Richardson, et al. (In re Cyberco Holdings Inc.), Case No. 10-2537 (6th Cir. Aug. 20, 2013)
Ruling:
The bankruptcy court's orders denying the motions to substantively consolidate two Chapter 7 bankruptcy estates were not final orders within the meaning of 28 U.S.C. § 158(a)(1).
Judge(s):
The Honorable Deborah L. Cook, the Honorable Jane Branstetter Stranch, and the Honorable David M. Lawson (United States District Judge for the Eastern District of Michigan, sitting by designation).
Tag(s):

Willian S. Tomasi v. The Savannah N. Denoce Trust (In re Tomasi)

Citation:
unreported
Ruling:
The 9th Circuit BAP upheld a Bankruptcy Court's determination that a prior California state court decision concerning breach of fiduciary duty was issue preclusive on whether Debtor was not...
Judge(s):
Kirscher, Taylor, Dunn
Tag(s):

American Bank, FSB v. Cornerston Community Bank (In re American Bank, FSB)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 7 months ago
Citation:
In re: American Bank FSB, 6th Cir Court of Appeals, No. 12-6349, (August 16, 2013)
Ruling:
In an opinion recommended for full text publication, the 6th Circuit Court of Appeals affirmed the ruling by the district court, that, in regards to the competing secured claims by American Bank...
Judge(s):
Circuit Court Judges: GIBBONS, SUTTON and KETHLEDGE
Tag(s):

Philippe Tanguy v. William West (In the Matter of Richard Davis)

Citation:
Philippe Tanguy v. William West (In the Matter of Richard Davis), Case No. 12-20555 (unpublished)(per curiam)
Ruling:
Stern v. Marshall does not deprive a bankruptcy court of jurisdiction over a third party's counterclaims against the bankruptcy estate or trustee relating to acts allegedly committed during the...
Judge(s):
Stewart, Davis, Wiener
Tag(s):

Orville Moe v. John D. Munding (In re Raceway Park Inc.)

Citation:
Orville Moe v. John D. Munding (In re Raceway Park Inc.) BAP No. EW-12-1659-PaJuTa (B.A.P. 9th Cir. August 2, 2013
Ruling:
Affirms the bankruptcy court's final decree and closing the debtor's Chapter 11, finding Appellant's arguments to be moot and previously settled.
Judge(s):
Pappas, Jury, and Taylor.
Tag(s):

Washington Group International, Inc. v. The United States of America (In re Washington Group International, Inc., et al.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 8 months ago
Citation:
Washington Group International, Inc. v. The United States of America (In re Washington Group International, Inc. et al.) BAP No. NV-12-1572-DKiCo
Ruling:
In the unpublished ruling, the 9th Circuit BAP affirmed Hon. Gregg W. Zive’s application of the 9th Circuit precedent as set forth in In re Cal. Dep’t of Health Svcs. V. Jensen (In re Jensen),...
Judge(s):
Dunn, Kirscher, and Collins (Hon. Daniel P. Collins sitting by designation)
Tag(s):

Charles W. Ries v. Scarlett & Gucciardo, PA, et al.

Citation:
No. 13-6003 (8th Cir. August 1, 2013).
Ruling:
Applying the plain language of Fed. R. Civ. P. 15(c)(1), the Eighth Circuit affirmed the principle that whether the party seeking to amend a pleading knew when the original pleading was filed of...
Judge(s):
Federman, Saladino, and Nail.
Tag(s):

Carrol v. Prosser (In re Jeffrey J. Prosser)

  • Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
  • 12 years 8 months ago
Citation:
Carrol v. Prosser (In re Jeffrey J. Prosser), Case No. 12-2864 (3d Cir. Aug. 1, 2013) (not precedential)
Ruling:
Affirmed judgment of the District Court. Appellant, a defendant in a fraudulent conveyance action before the District Court, moved to dismiss before the District Court prior to trial, which motion...
Judge(s):
McKee, , Chief Judge, Scirica and Vanaskie, Circuit Judges
Tag(s):

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