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Ball Kelly, LLC v. Bank of America, N.A.

  • Summarized by Lars Fuller , BakerHostetler
  • 13 years 5 months ago
Citation:
Ball Kelly, LLC, d/b/a Taylor Kelly, LLC v. Bank of America, N.A., No. 11-3369 (10th Cir. 2012)
Ruling:
10th Circuit affirmed the U.S. District Court for the District of Kansas dismissal of complaint for failure to state a claim where plaintiff subcontractor asserted claim for equitable lien in...
Judge(s):
Kelly, Baldock, and Ebel (10th Circuit).
Tag(s):

Cohen v. Borgman (In re Borgman)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 13 years 5 months ago
Citation:
In re Borgman, --- F.3d ----, 2012 WL 5201347 (10th Cir. Oct. 23, 2012)
Ruling:
The Tenth Circuit REVERSED the BAP and REINSTATED the orders of the Bankruptcy Court disallowing claimed exemptions of tax refunds. "The amount of a federal tax refund equivalent to the...
Judge(s):
Tymkovich, Ebel, Holmes
Tag(s):

Janvey v. Democratic Senatorial Campaign Committee, Inc.

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 5 months ago
Citation:
No. 11-10704 (5th Cir. Mar. 18, 2013)
Ruling:
Withdrawing its prior opinion in Janvey v. Democratic Senatorial Campaign Comm., Inc., 699 F.3d 848 (5th Cir. 2012), the Fifth Circuit held that it had erroneously asserted that a Receiver had...
Judge(s):
Jolly, Benavides, and Dennis.
Tag(s):

Bellas Pavers, LLC v. Stewart (In re Stewart)

  • Summarized by David Baker , Law Office of David G. Baker
  • 13 years 5 months ago
Citation:
BAP No. MB 12-017 (unpublished)
Ruling:
The BAP affirmed the bankruptcy court's decisions granting judgment to the defendant on partial findings and denying a motion for a new trial.
Judge(s):
Bankruptcy judge Hillman; BAP judges Lamoutte, Cabán, and Kornreich.
Tag(s):

Gonsalves v. Belice (In re Belice)

  • Summarized by Hale Lake , Hinshaw & Culbertson, LLP
  • 13 years 5 months ago
Citation:
Gonsalves v. Belice (In re Belice), BAP No. 11-048, MB 12-005, (B.A.P. 1st Cir. Oct. 15, 2012)
Ruling:
The Bankruptcy Appellate Panel of First Circuit reversed and remanded the matter back to the bankruptcy court as the dismissal of the adversary proceeding seeking a determination on the...
Judge(s):
Haines
Tag(s):

Williams v. King (In re King)

  • Summarized by Lars Fuller , BakerHostetler
  • 13 years 5 months ago
Citation:
Williams & Wyse v. King, No. 12-6014 (BAP 8th Cir. 2012)
Ruling:
The 8th Circuit B.A.P. affirmed an Order of the Bankruptcy Court for the Western District of Missouri denying a motion to reconsider an Order awarding sanctions and directing a creditor to dismiss...
Judge(s):
8th Cir BAP: Kressel, Schermer, and Nail; U.S. Bankruptcy Judge for the Western District of Missouri: Dennis R. Dow.
Tag(s):

Wells Fargo Bank, N.A. v. Oparaji (In re Oparaji)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 13 years 5 months ago
Citation:
Case No. 11-20871 (5th Cir. October 5, 2012)
Ruling:
REVERSED and REMANDED Amended Order of United States District Court for the Southern District of Texas granting Debtor's motion for summary judgment on the theory of judicial estoppel and holding...
Judge(s):
Reavley, Smith and Clement, Circuit Judges
Tag(s):

Knigge v. SunTrust Mortgage, Inc. (In re Knigge)

Citation:
Knigge v. SunTrust Mortgage, Inc., No. 12-6026 (BAP 8th Cir. 2012)
Ruling:
The court held that, pursuant to the applicable provisions of Missouri's Uniform Commercial Code ("UCC"), SunTrust was a negotiable instrument and, therefore, Suntrust was allowed to enforce it and...
Judge(s):
Kressel, Schermer, and Nail
Tag(s):

Abdul-Rahim v. LaBarge (In re Abdul-Rahim)

  • Summarized by Lars Fuller , BakerHostetler
  • 13 years 6 months ago
Citation:
Abdul-Rahim v. LaBarge (In re Abdul-Rahim), No. 12-6037 (BAP 8th Cir. 2012)
Ruling:
8th Circuit BAP affirmed US Bankruptcy Court for the Eastern District of Missouri's ruling denying Chapter 13 debtors' exemption claimed in an unliquidated personal injury tort claim. The panel...
Judge(s):
Kressel (Chief Judge), Federman, and Nail.
Tag(s):

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