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

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Nordin v. Galaba (In re Nordin)

  • Summarized by Alexander Nicas , Goodwin Procter LLP
  • 13 years 2 months ago
Citation:
Nordin v. Galaba, No. 10-35841 (B.A.P. 10th Cir. Mar. 12, 2013) (unpublished)
Ruling:
The 10th Cir. Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying conversion from Chapter 7 to Chapter 13 because the debtor failed to carry his burden to prove that he was...
Judge(s):
Karlin, Somers, Mosier
Tag(s):

Rajala v. Gardner

  • Summarized by Lars Fuller , BakerHostetler
  • 13 years 2 months ago
Citation:
Rajala v. Gardner, et al., No. 12-3113 (10th Cir. March 12, 2013)
Ruling:
The Tenth Circuit affirmed the U.S. District Court's (Kansas) order granting motions to distribute funds held in escrow to two non-debtor parties over the objection of the Chapter 7 trustee, who...
Judge(s):
Kelly, Murphy, and Tymkovich
Tag(s):

O'Donnell v. Tristar Esperanza Properties, LLC (In re Tristar Esperanza Properties, LLC)

Citation:
O'Donnell v. Tristar Esperanza Properties, LLC (In re Tristar Esperanza Properties, LLC), BAP No. CC-12-1340-KlPaDu (9th Cir. BAP March 9, 2013) (for publication)
Ruling:
The Ninth Circuit BAP AFFIRMED the bankruptcy court's granting of summary judgment to the Appellee with respect to its section 510(b) claim, holding that a right to payment arising from a judgment...
Judge(s):
Albert, Klein (sitting by designation), Pappas, and Dunn, United States Bankruptcy Judges
Tag(s):

Dow Corning Corp. v. Claimants' Advisory Committee (In re Settlement Facility Dow Corning Trust)

  • Summarized by Gregory Guest , Dickinson Wright, PLLC
  • 13 years 2 months ago
Citation:
Case No. 11-2632 (6th Cir. March 8, 2013)
Ruling:
The Funding Agreement is unambiguous. Dow is entitled to Time Value Credits only where expressly provided for by the Funding Agreement, rather than for every payment made. Time Value Credits under...
Judge(s):
Batchelder, Chief Judge; McKeague and Griffin, Circuit Judges. Opinion by McKeague, Circuit Judge.
Tag(s):

M.P. Construction Co., Inc. v. Wong (In re M.P. Construction Co., Inc.)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 3 months ago
Citation:
Nos. CC-12-1306-DKiPa & CC-12-1307-DKiPa (B.A.P. 9th Cir. Mar. 4, 2013)
Ruling:
Affirming the judgment of the Bankruptcy Court for the Central District of California (“the BC”), the Bankruptcy Appellate Panel for the Ninth Circuit (“the BAP”), held that the BC did not...
Judge(s):
Dunn, Kirscher and Pappas, Bankruptcy Judges.
Tag(s):

Orange County's Credit Union v. Garcia (In re Garcia)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 13 years 3 months ago
Citation:
C.A. 9th Cir. Case No. 11-56076
Ruling:
Judge Barry G. SIlverman wrote the opinion on behalf of the panel. Pursuant to Fed. R. App. P. 34(a)(2), the panel unanimously determined that no oral argument was needed in this case. Even...
Judge(s):
Alex Kozinski, Chief Judge; Barry G. Silverman, Circuit Judge; and Jed S. Rakoff, Senior District Judge.
Tag(s):

In re Alabama Aircraft Industries, Inc.

  • Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
  • 13 years 3 months ago
Citation:
No. 12-1290
Ruling:
Transfer of a cause of action to a Litigation Trust - in accordance with the terms of an Asset Purchase Agreement - can be insulated from attack on appeal pursuant to Section 363(m). That section...
Judge(s):
McKee, Sloviter, and Vanaskie
Tag(s):

Wells Fargo Bank National Association v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.)

Citation:
Wells Fargo Bank, NA v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.), Case No. 11-11109 (5th Cir. Mar. 1, 2013)
Ruling:
Affirmed confirmation of Chapter 11 cramdown plan and the Debtors' Till-based prime-plus formula for cramdown interest rate over secured lender's objection that a market-based adjustment to prime...
Judge(s):
Higginbotham, Elrod, Haynes
Tag(s):

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