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Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

FDIC v. AmTrust Financial Corp. (In re AmTrust Financial Corp.)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 13 years 6 months ago
Citation:
No. 1:10-cv-1298 (6th Cir. Sept. 14, 2012)
Ruling:
In AFFIRMING the district court, the Sixth Circuit Court of Appeals found that language in a stipulated cease-and-desist order requiring a parent corporation to "ensure" that its subsidiary, a...
Judge(s):
Martin and Daughtrey, Circuit Judges; Maloney, District Judge sitting by designation.
Tag(s):

Molasky v. Bustos (In re Molasky)

Citation:
Case No. 11-15060 (9th Cir. September 13, 2012) (Unpublished)
Ruling:
The Ninth Circuit Court of Appeals held that an intervenor can proceed after dismissal of the original party if 1) there is an independent basis for jurisdiction, and 2) unnecessary delay would...
Judge(s):
Noonan, Marguia, Timlin
Tag(s):

Fisette v. Keller (In re Fisette)

Citation:
Fisette v. Keller, No. 11-3119 (8th Cir. BAP, September 12, 2012)
Ruling:
The BAP dismissed the US Trustee's appeal of the BAP's prior order order because that order was interlocutory in that "further judicial activity" by the bankruptcy court remained to be completed.
Judge(s):
Wollman, Beam, and Loken.
Tag(s):

Bendon v. Reynolds (In re Reynolds)

Citation:
CC-11-1433-HPaD (BAP 9th Cir. Aug. 4, 2012); 2012 Bankr. LEXIS 4023
Ruling:
In the majority opinion of the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals ("BAP 9th Cir."), the Court, affirming the bankruptcy court order and judgment, held that the...
Judge(s):
HOLLOWELL, PAPPAS and DUNN, Bankruptcy Judges. PAPPAS, Bankruptcy Judge, Dissenting.
Tag(s):

Cardwell v. Gurley (In re Cardwell)

Citation:
Cardwell v. Gurley (In re Cardwell), Case No. 12-40070 (5th Cir. Aug. 31, 2012) (unpublished) (per curiam).
Ruling:
Affirmed district court's summary judgment affirming bankruptcy court's determination that creditor's state-court judgment against debtor was not dischargeable in bankruptcy. The state court's...
Judge(s):
Reavley, Jolly, Davis
Tag(s):

Cox v. Villani

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 13 years 7 months ago
Citation:
Cox v. Villani (In re Villani), --- B.R. ----, 2012 WL 3755525 (1st Cir. B.A.P. Aug. 28, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the First Circuit REVERSED the U.S. Bankruptcy Court for the District of Massachusetts. The BAP ruled the Bankruptcy Court erred when it ruled in favor of...
Judge(s):
Haines, Deasy, Tester
Tag(s):

Weingarten v. Gill (In re Weingarten)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 13 years 7 months ago
Citation:
In the Matter of: PALOMBA WEINGARTEN, Case No. 2:10-cv-05648-ABC (9th Cir. Aug 17, 2012)(Not for Publication and/or Precedent except as provided by 9th Cir. R. 36-3)
Ruling:
AFFIRMING the District Court, the 9th Circuit denied appellant the right to intervene in a bankruptcy case. The 9th Circuit held that an entity with a future revocable interest in a Qualified...
Judge(s):
SILVERMAN and WARDLAW (Circuit Judges) and FOGEL (District Judge).
Tag(s):

McDermott v. Swanson (In re Swanson)

  • Summarized by Adam Kunst , Casner & Edwards, LLP
  • 13 years 7 months ago
Citation:
McDermott v. Swanson (In re Swanson), Case No. 12-6028 (8th Cir. BAP Aug. 17, 2012).
Ruling:
REVERSING and REMANDING the Bankruptcy Court decision, the 8th Circuit BAP found that although the failure to produce adequate financial records shifts the burden to the debtor to demonstrate a...
Judge(s):
Schermer, Venters, and Nail. Authored by Venters.
Tag(s):

McMaster v. Small (In re Small)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 13 years 7 months ago
Citation:
Case No. 11-40888, Decided August 16, 2012 (Unpublished)
Ruling:
Chapter 7 Debtor's former spouse's intentionally violated the automatic stay by continuing prosecution of civil contempt claims in state court, in violation of the bankruptcy court’s lift stay...
Judge(s):
Stewart, Elrod and Southwick per curiam.
Tag(s):

In re Sentinel Management Group, Inc.

  • Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
  • 13 years 7 months ago
Citation:
Frederick Grede v. Bank of New York Mellon, Case Nos. 10-3787, 10-3990 & 11-1123 (7th Cir. Aug. 9, 2012)
Ruling:
Order and judgment of the District Court are affirmed: Investment manager's illegal pledge of client funds to secure short-term loans supporting manager's trading activity for its own account and...
Judge(s):
Manion, Rovner and Tinder, Circuit Judges.
Tag(s):

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