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Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

In re Miller

  • Summarized by James Morgan , Howard & Howard
  • 13 years 3 months ago
Citation:
In re Miller, Case No. 12-9008 (B.A.P. 6th Cir. December 27, 2012) (limited precedential effect pursuant to 6th Cir. BAP LBR 8013-1(b))
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit (the “BAP”) held that the appellants, a chapter 7 debtor and his heir, were not “persons aggrieved” by the bankruptcy court’s order...
Judge(s):
Emerson, Fulton, and Preston, Bankruptcy Appellate Panel Judges
Tag(s):

Bond Safeguard Insurance Co. v. Wells Fargo Bank, N.A.

Citation:
Case No. 11-15478 (11th Cir. December 21, 2012)
Ruling:
Bond holder sureties ("Sureties") of property developers ("Debtors") lacked standing to bring certain claims against Wells Fargo Bank and Key Bank ("Lenders") because their claims are general in...
Judge(s):
Marcus, Pryor, Friedman (District Judge for the District of Columbia, sitting by designation)
Tag(s):

Harris v. Liberty Community Management, Inc.

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 13 years 3 months ago
Citation:
Harris v. Liberty Communication Management, Inc., Case No.: 11-14362 (11th Cir. Dec. 19, 2012)(unpublished)
Ruling:
A property management company, employed by a Homeowners Association to collect past due assessments, is not a 'debt collector' subject to the Fair Debt Collection Practices Act ("FDCPA"), and did...
Judge(s):
Tjoflat, Carnes, and Jordan
Tag(s):

Green v. Zukerkorn (In re Zukerkorn)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 13 years 3 months ago
Citation:
Green v. Zukerkorn (In Re Zukerkorn), Bankruptcy No.: 10-13626, BAP No.: NC-11-1506-JuKiJo
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy Court denial of Chapter 7 Trustee's Motion to Compel turnover of all or some of a spendthrift trust as part of the Bankruptcy...
Judge(s):
Presiding Bankruptcy Judge Alan Jaroslovsky, Judge Jury, Judge Johnson
Tag(s):

Formatech, Inc. v. Sovereign Bank (In re Formatech, Inc.)

  • Summarized by Lynne Xerras , Holland & Knight LLP
  • 13 years 3 months ago
Citation:
Formatech, Inc. v. Sovereign Bank, et al. (In re Formatech, Inc.), No. MW 12-012 (1st Cir. B.A.P. December 7, 2012))
Ruling:
The Bankruptcy Appellate Panel for the First Circuit ("BAP") entered an order DIMISSING the appeal initiated by Formatech, Inc., the debtor and appellant ("Debtor" or "Formatech"), subsequent to...
Judge(s):
Lamoutte, Kornreich and Caban
Tag(s):

Toye v. O'Donnell (In re O'Donnell)

  • Summarized by Guy Moss ,
  • 13 years 3 months ago
Citation:
United States Bankruptcy Appellate Panel for the First Circuit, No. EP 12-015, December 5, 2012
Ruling:
The Court affirmed the bankruptcy court's ruling that a debt was non-dischargeable under the false financial statement provisions of Code sec. 523(a)(2)(B). Focusing solely on the standards of...
Judge(s):
Lamoutte, Feeney, and Caban
Tag(s):

Cha v. Rappaport (In re Cha)

Citation:
BAP No. NC-11-1579-JoJuKi (B.A.P. 9th Cir. Dec. 5, 2012)
Ruling:
AFFIRMING the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel held that a state court judgment against the debtors for failure to pay rent was nondischargeable. The panel was...
Judge(s):
Hon. Wayne Johnson (by designation, Bankr. C.D. Cal.) Hon. Meredith Jury Hon. Ralph Kirscher
Tag(s):

Nessan v. Lovald

  • Summarized by Alexander Nicas , Goodwin Procter LLP
  • 13 years 3 months ago
Citation:
Nessan v. Lovald, No. 12-1733 (8th Cir. Dec. 5, 2012)
Ruling:
In an unpublished opinion, the Eighth Circuit held that under applicable South Dakota law, the debtor's claimed exemptions in a truck, boat, and legal claim did not entitle the debtor to an...
Judge(s):
Per Curiam. Heard by RILEY, Circuit Judge, COLLOTON AND GRUENDER, Circuit Judges.
Tag(s):

Mitchell v. Weinman (In re Mitchell)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 4 months ago
Citation:
No. CO-11-086 (B.A.P. 10th Cir. Dec. 3, 2012)
Ruling:
Affirming the Bankruptcy Court for the District of Colorado, the Bankruptcy Appellate Panel for the Tenth Circuit held that: (1) the bankruptcy court (“BC”) had subject matter jurisdiction...
Judge(s):
Cornish, Rasure, and Somers, Bankruptcy Judges.
Tag(s):

Velde v. Border State Bank (In re HovdeBray Enterprises)

Citation:
Case No. 12-6035 (BAP 8th Cir. 2012)
Ruling:
In this preference action by the chapter 7 trustee, the BAP held that perfection of Border State Bank's (the "Bank") lien was within the preference period under Section 547(b) and that the floating...
Judge(s):
Federman, Venters, and Saldino
Tag(s):

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