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SEC v. Barton

Summarizing by Paris Gyparakis

Roberts v. Sender, et al.

Summarizing by Bradley Pearce

Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Sundale, Ltd. v. Florida Associates Capital Enterprises, LLC (In re Sundale, Ltd.)

  • Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
  • 13 years 4 months ago
Citation:
Sundale, LTD. v. Florida Associates Capital Enterprises, LLC, No. 12-11450 (11th Cir. Nov. 29, 2012).
Ruling:
Considering Stern v. Marshall, 131 S. Ct. 2594 (2011), the bankruptcy court had jurisdiction to adjudicate a debtor's state law counterclaims, including a claim for recoupment, in adjudicating the...
Judge(s):
MARCUS, FAY and ANDERSON, Circuit Judges.
Tag(s):

Satterfield v. Malloy

  • Summarized by Shara Cornell , McDonald Hopkins LLC
  • 13 years 4 months ago
Citation:
Satterfield v. Malloy III, No. 11–5144 (10th Cir. Nov. 28, 2012)
Ruling:
The Barton Doctrine precludes litigation in district court by a debtor against a trustee in bankruptcy when the cause of action arises out of the trustee's official duties unless the movant can...
Judge(s):
Lucero, O'Brien and Matheson
Tag(s):

Redondo Construction Corp. v. Puerto Rico Highway and Transportation Authority (In re Redondo Construction Corp.)

  • Summarized by Hale Lake , Hinshaw & Culbertson, LLP
  • 13 years 4 months ago
Citation:
Redondo Constr. Corp. v. Puerto Rico Highway & Transp. Auth. (In re Redondo Constr. Corp.), No. 12-1326 (1st Cir. Nov. 21, 2012)
Ruling:
The First Circuit remanded the matter to the United States District Court for the District of Puerto Rico to vacate a judgment entered by bankruptcy court and affirmed by the district court and for...
Judge(s):
Torruella, Howard and Thompson, C.J.
Tag(s):

Hawks Holdings, LLC v. Kalinowski (In re Kalinowski)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 13 years 4 months ago
Citation:
In re Kalinowski, 2012 WL 5505078 (B.A.P. 10th Cir. Nov. 14, 2012)
Ruling:
Since Debtor was the de facto manager of an LLC, he stood in a fiduciary relationship to the creditor of that LLC under a New Mexico statute that created a technical trust and Debtor’s...
Judge(s):
Thurman, Brown, and Somers
Tag(s):

Compton v. Anderson (In re MPF Holdings US LLC)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 13 years 4 months ago
Citation:
Compton v. Anderson (In re MPF Holdings US LLC), No. 11-20478 (5th Cir. Nov. 14, 2012)
Ruling:
Vacating the Bankruptcy Court, the Fifth Circuit held that a reservation of jurisdiction clause of the plan of reorganization was sufficiently specific and unequivocal because the plan stated the...
Judge(s):
Stewart, DeMoss, Graves
Tag(s):

Overstreet v. Joint Facilities Management, L.L.C. (In re Crescent Resource, L.L.C.)

Citation:
Overstreet v. Joint Facilities Management, L.L.C. (In re Crescent Resource, L.L.C.), No. 11-51141 (5th Cir. 11/8/2012) (unpublished) (per curiam)
Ruling:
An untimely Rule 59(e) motion to alter or amend a district court's judgment affirming a bankruptcy court's dismissal order does not extend the 30-day deadline to file a notice of appeal of the...
Judge(s):
King, Clement, Higginson
Tag(s):

The Samuel J. Temperato Revocable Trust v. Unterreiner (In re Unterreiner)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 4 months ago
Citation:
No. 12-1138 (8th Cir. Nov. 8, 2012)
Ruling:
Affirming the Bankruptcy Appellate Panel’s reversal of the Bankruptcy Court, the Eighth Circuit held that the Samuel J. Temperato Revocable Trust (“the Trust”) was not entitled to summary...
Judge(s):
Melloy and Benton, Circuit Juges, and Kristine G. Baker, United States District Judge for the Eastern District of Arkansas, sitting by designation.
Tag(s):

Shaffer v. U.S. Department of Education (In re Shaffer)

Citation:
Shaffer v. U.S. Department of Education (In re Shaffer), Case No. 12-6010 (8th Cir. BAP October 30, 2012)
Ruling:
Debtor met burden of proving by preponderance of evidence that educational loans were discharged on basis of undue hardship. Court employed "totality of circumstances" test (i.e., past present and...
Judge(s):
Kressel (Chief Judge), Schermer, and Nail.
Tag(s):

Stephenson v. Malloy

  • Summarized by Robert Miller , University of South Dakota, Knudson School of Law
  • 13 years 5 months ago
Citation:
Stephenson v. Malloy, Case No. 11-1671 (6th Cir. Oct. 30, 2012)
Ruling:
The Court joined a number of other Circuits in holding that a debtor's alleged wrongdoing cannot be the basis for judicial estoppel of a trustee who is the real party in interest and did not...
Judge(s):
Opinion authored by District Judge Reeves who was joined by Circuit Judges White and Siler.t
Tag(s):

Beaulieu v. Ragos (In re Ragos)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 13 years 5 months ago
Citation:
Beaulieu, v. Ragos (In re: Ragos), Case No. 11-31046 (5th Cir. October 29, 2012)
Ruling:
Social Security income should not be included in a Chapter 13 debtor’s projected disposable income and may be excluded from the debtors’ plan payments. The debtors' retention of exempt social...
Judge(s):
Davis, Dennis and Haynes
Tag(s):

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