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Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

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):

Szanto v. Lewin (In re Lewin)

  • Summarized by Sevan Gorginian , ArentFox Schiff LLP
  • 12 years 8 months ago
Citation:
In re Lewin, BAP No. CC-12-1238-PaDKi (9th Cir. BAP, July 3, 2013) (Not for publication)
Ruling:
The 9th Circuit BAP VACATED and REMANDED the Bankruptcy Court Order, holding that appellant is a valid creditor in the debtor's bankruptcy case based upon holding a valid cause of action against...
Judge(s):
PAPPAS, DUNN, AND KIRSCHER, Bankruptcy Judges
Tag(s):

Hamilton v. Charalambous (In re Charalambous)

Citation:
BAP No. CC-13-1042-PaDKi (B.A.P. 9th Cir. July 3, 2013)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's order denying creditor-plaintiff's request for attorney's fees in connection with an adversary proceeding and...
Judge(s):
PAPPAS, DUNN, and KIRSCHER
Tag(s):

Galindo v. Whited (In re Galindo)

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 12 years 8 months ago
Citation:
BAP No. SC-12-1272-BaPaJu; Bk No 10-12794 MM7; Adv. No 10-90473 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP affirmed the Bankruptcy Court's judgment awarding attorney fees and costs to the plaintiff creditor as the prevailing party in a non-dischargeability action against the...
Judge(s):
BASON, PAPPAS, and JURY, Bankruptcy Judges
Tag(s):

Anwar v. Johnson

Citation:
No. 11-16612; 2013 WL 645744
Ruling:
The Bankruptcy Court lacks jurisdiction to grant an equitable exception to the deadline imposed by Fed. R. Bankr. P. 4007(c). Neither the local rules of a district nor the model rules of bankruptcy...
Judge(s):
Farris, Thomas, and Smith
Tag(s):

Piazza v. Nueterra Healthcare Physical Therapy, LLC (In re Piazza)

  • Summarized by Stephen Starks , Phelan Hallinan Diamond & Jones PLLC
  • 12 years 9 months ago
Citation:
Piazza v. Nueterra Healthcare Physical Therapy LLC. Case No. 12-12899 (11th Cir. June 26, 2013)(published)
Ruling:
Under § 707(a) of the bankruptcy code, the bankruptcy court may involuntarily dismiss a Chapter 7 petition for cause due to Debtor’s prepetition bad faith conduct.
Judge(s):
Marcus, Black, Siler, Circuit Judges.
Tag(s):

Pro-Pac, Inc. v. WOW Logistics Co.

  • Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
  • 12 years 9 months ago
Citation:
No. 12-2976
Ruling:
The Wisconsin Bankruptcy Court and District Court erred by applying BR 7015 instead of BR 7054, which is based on FRCP 54(a)-(c). That rule of civil procedure directs that a Federal Trial Court...
Judge(s):
MANION and WOOD, Circuit Judges. BARKER, District Judge.
Tag(s):

Suarez v. Barrett (In re Suarez)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 12 years 9 months ago
Citation:
Suarez v. Barrett (In re Suarez) - (9th Cir. June 20, 2013) (Not For Publication)
Ruling:
The Ninth Circuit AFFIRMED the Bankruptcy Appeals Panel ("BAP") affirming the Bankruptcy Court's ruling that a state court contempt ruling can be used as evidence that a debt results from a willful...
Judge(s):
Montali, Jury, and Kwan, Bankruptcy Judges, Presiding
Tag(s):

Apps v. Morrison (In re Superior Homes & Investments, LLC)

  • Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
  • 12 years 9 months ago
Citation:
11th U.S. Circuit Court of Appeals Case Number 12-15451 (will not be published)
Ruling:
The 11th Circuit Court of Appeals AFFIRMED the United States District Court for the Middle District of Florida approving a compromise that enjoined the appellant creditors from proceeding with...
Judge(s):
11th Circuit Court Judges Marcus, Wilson and Kravitch.
Tag(s):

Goddard v. Heldt (In re A. Heldt)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 10 months ago
Citation:
Goddard v. Heldt, Gill, & Gill (In re Heldt), Case No. 12-6027 (10th Cir. May, 14, 2013)
Ruling:
The 10th Cir. affirmed the U.S. District Court and U.S. Bankruptcy Court (W.D. Okla.) in dismissing Ch. 7 trustee's claim to avoid as fraudulent debtor's transfer of title to sister in mother's...
Judge(s):
Justices Lucero, Anderson, and Baldock.
Tag(s):

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