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Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

In re Lazy Days' RV Center Inc.

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 12 years 8 months ago
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.)

  • Summarized by Caralyce Lassner , Caralyce M. Lassner, JD
  • 12 years 8 months ago
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

  • Summarized by Guy Moss ,
  • 12 years 8 months ago
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

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 12 years 8 months ago
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)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 8 months ago
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)

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 12 years 8 months ago
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)

  • Summarized by Shara Cornell , McDonald Hopkins LLC
  • 12 years 8 months ago
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):

Francis v. McLaughlin (In re Francis)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 8 months ago
Citation:
Francis v. McLaughlin et al. (In re Francis), Case No. AZ-12-1281 (BAP 9th Cir. July 12, 2013)
Ruling:
9th Circuit BAP affirmed in part, also vacating and remanding in part. In reviewing the grant of a motion for summary judgment on a dischargeability suit based upon the preclusive effect of an...
Judge(s):
Judges Ahart, Jury, and Taylor
Tag(s):

Palomar v. First American Bank

  • Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
  • 12 years 8 months ago
Citation:
(7th Cir., No. 12-3492)
Ruling:
Chapter 7 debtor cannot strip-off a wholly-unsecured mortgage. The Seventh Circuit distinguished the ability to strip-off wholly-unsecured mortgages in Chapter 13 because "[t]he strip-off right in...
Judge(s):
Posner, Manion, and Rovner
Tag(s):

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