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Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Goddard v. Heldt (In re Heldt)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 10 months ago
Citation:
No. 12-6027 (10th Cir. May 14, 2013)
Ruling:
Affirming the judgment of the bankruptcy court (“BC”), the Tenth Circuit held that a trustee was disqualified from exercising the powers of a hypothetical bona fide purchaser (“BFP”) under...
Judge(s):
Lucero, Anderson, and Baldock, Circuit Judges.
Tag(s):

Soto v. Doral Bank (In re Soto)

  • Summarized by Samuel Mushell , Americans United for Government Reform
  • 12 years 10 months ago
Citation:
BAP NO. PR 12-075
Ruling:
The Bankruptcy Appellate Panel for the First Circuit ("B.A.P.") affirmed the Bankruptcy Court of Puerto Rico's decision to dismiss the debtors' Chapter 13 petition because the debtors did not...
Judge(s):
Haines, Feeney, Hoffman
Tag(s):

Cawley v. Celeste (In re Athens/Alpha Gas Corp.)

  • Summarized by Alexander Nicas , Goodwin Procter LLP
  • 12 years 10 months ago
Citation:
Cawley v. Celeste (In re Athens/Alpha Gas Corp.), No. 12-1555 (8th Cir. May 9, 2013)
Ruling:
Because the judgment of the Supreme Court of North Dakota, holding that the appellant's claims were barred, satisfied the elements of North Dakota's res judicata doctrine, the full faith and credit...
Judge(s):
RILEY, COLLOTON, GRUENDER. Opinion by COLLOTON.
Tag(s):

Grossman v. The Belridge Group (In re Lothian Oil, Inc.)

Citation:
5th Cir. Court of Appeal - Case No 1151073 (May 8, 2013)
Ruling:
AFFIRMED in part and reverse in part the district court's decision. Further, a remand with instruction to clarify whether an isolated claim in the earlier state-court action can proceed....
Judge(s):
King, Higginbotham, and Clement.
Tag(s):

Hathorn v. Petty (In re Petty)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 11 months ago
Citation:
8th Cir. BAP, Case No. 13-6002 (May 8, 2013)
Ruling:
REVERSED. The 8th Circuit BAP reversed the decision of Bankrupcy Court (W.D. Ark - Fayetteville) after the Bankruptcy Court dismissed creditors' 523(a)(6) complaint as being untimely. The BAP...
Judge(s):
8th Cir. BAP Panel Judges Saladino, Kressel, and Shodeen (Opinion by Thomas L. Saladino)
Tag(s):

Crumpton v. Stephens (In re Northlake Foods, Inc.)

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 12 years 11 months ago
Citation:
Case No. 12-15603 (11th Cir. May 6, 2013)
Ruling:
The Eleventh Circuit Court of Appeals AFFIRMED the District Court ruling that AFFIRMED the Bankruptcy Court's ruling that the issuance of dividends to a debtor's shareholder to offset tax liability...
Judge(s):
Tjoflat, Martin and Jordan
Tag(s):

Bank of the West v. Damon Pursell Construction Co. (In re Damon Pursell Construction Co.)

Citation:
Bank of the West v. Damon Pursell Construction Company (In re Damon Pursell Construction Co.), Case No. 13-6015
Ruling:
The BAP affirmed the decision of the bankruptcy court granting summary judgment in favor of Bank of the West ("BOW") and rejecting National Bank of Kansas City's ("NBKC") request for equitable...
Judge(s):
Kressel, Schermer, and Nail
Tag(s):

Official Committee of Unsecured Creditors v. Hancock Park Capital II, L.P. (In re Fitness Holdings International, Inc.)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 12 years 11 months ago
Citation:
11-56677 D.C. No. 2:10-cv-00647-AG
Ruling:
The Ninth Circuit VACATED the District Court's decision (which affirmed the Bankruptcy Court) and REMANDED to the District Court. Finding contrary to the District Court, the Ninth Circuit held...
Judge(s):
CALLAHAN, IKUTA AND HURWITZ
Tag(s):

Pineda v. Bank of America, N.A. (In re Pineda)

Citation:
BAP No. EC-11-1719-MkDJu (B.A.P. 9th Cir., April 23, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeal ("9th Cir. BAP") affirmed the Bankruptcy Court order abstaining from exercising jurisdiction over a Chapter 7 debtor's...
Judge(s):
Bankruptcy Judges Markell, Dunn and Jury
Tag(s):

USACM Liquidating Trust v. Deloitte & Touche

  • Summarized by Eryk Escobar , Department of Justice
  • 12 years 11 months ago
Citation:
D.C. No. 2:08-cc-00461-PMP-PAL (Not for Publication)
Ruling:
The United States Court of Appeals for the Ninth Circuit (the “Court”) affirmed the District Court’s summary judgment in favor of defendant Deloitte & Touche, LLP (“Deloitte”). The Court...
Judge(s):
Wallace and Ikuta, Circuit Judges, and Garbis, Senior District Judge
Tag(s):

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