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Lil' Joe Records, Inc. v. Christopher Won, Jr., et al

Summarizing by Bradley Pearce

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)

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Carrol v. Prosser (In re Jeffrey J. Prosser), Case No. 12-2864 (3d Cir. Aug. 1, 2013) (not precedential)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):

In re Lazy Days' RV Center Inc.

Citation:
-- F3d. --, No. 12-4047 (3d Cir. July 30, 2013)
Ruling:
The United States Court of Appeals for the Third Circuit reversed the judgment of the United States District Court for the District of Delaware, finding that the United States Bankruptcy Court for...
Judge(s):
Scirica, Hardiman, and Aldisert, Circuit Judges
Tag(s):

Dow Corning Corp. v. Caffrey (In re Dow Corning Corp.)

Citation:
Dow Corning Corp v Caffrey, 6th Circuit, No. 12-1253 (July 29, 2013)
Ruling:
Tex R Civ P 11 requires agreements between parties to be reduced to writing or have been placed on the record of the court. Absent compliance with Rule 11 or qualifying as an exception under...
Judge(s):
Norris, Moore, and Donald, Circuit Judges.
Tag(s):

Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund

Citation:
United States Court of Appeals for the First Circuit, No. 12-2312 (July 24, 2013)
Ruling:
In matters of first impression, the First Circuit addressed two issues relating to the withdrawal liability of private equity firms, as owners of a bankrupt portfolio company, under the...
Judge(s):
Lynch, Thompson and Kayatta
Tag(s):

Ah Quin v. County of Kauai Dept of Transportation

Citation:
Ah Quin v. County of Kauai Dep’t of Transp., No. 10-16000 (9th Cir. July 24, 2013)
Ruling:
Judicial estoppel does not bar a debtor from prosecuting an unscheduled cause of action if, when completing the schedules, the debtor lacked the subjective intent to conceal.
Judge(s):
Susan P. Graber, Jay S. Bybee, and Morgan Christen, Circuit Judges. Opinion by Judge Graber; dissent by Judge Bybee.
Tag(s):

Rajala v. Taylor (In re Taylor)

Citation:
Rajala v. Taylor (In re Taylor), BAP No. KS-13-020 (BAP 10th Cir. July 22, 2013)
Ruling:
Tenth Circuit BAP panel affirmed bankruptcy court's entry of default judgment revoking discharge against debtor.
Judge(s):
J. Thurman (Chief Judge), J. Michael, and J. Jacobvitz
Tag(s):

Thruston v. Reaves (In re Thruston)

Citation:
BAP No. AZ-12-1297-TaAhJu/Bk. No. 10-27593 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP vacated the Bankruptcy Court's order granting the trustee's motion for summary judgment denying the debtor's discharge and remanded for further proceedings.
Judge(s):
TAYLOR, AHART and JURY, Bankruptcy Judges
Tag(s):

Nichols v. Align Western States Learning Corp. (In re Nichols)

Citation:
Nichols v. Align Western States Learning Corp. (In re Nichols), BAP No. AZ-12-1305 (9th Cir. BAP July 9, 2013)
Ruling:
(1) Debtors' due process rights were not violated by the bankruptcy court's prove-up procedure and subsequent oral ruling. (2) Bankruptcy court did not err in finding that a student loan debt was...
Judge(s):
Jury, Taylor and Ahart
Tag(s):

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