Summarized by Colin Robinson , Pachulski Stang Ziehl & Jones LLP
13 years 9 months ago
Citation:
Brazos Emergency Physicians Association, P.A., et al. v. Patrick G. Woods, M.D., et al. (In re Brazos Emergency Physicians Association, P.A.), Case No. 11-50927 (5th Cir. June 22, 2012)
Ruling:
The Fifth Circuit affirmed the decisions of the United States District Court and the United States Bankruptcy Court for the Western District of Texas dismssing the Debtor's Chapter 11 bankruptcy...
Judge(s):
King, Jolly, and Graves (Per curiam) (non-precedential except under limited circumstances set forth in 5th Cir. R. 47.5.4.
Case No. 11-40557 (5th Cir. June 15, 2012) (Not for Publication)
Ruling:
AFFIRMED the decision of the District Court for Southern District of Texas which found that (1) Bodden exercised complete control over Debtor RJMW Corporation so that he was the Debtor...
Montgomery Bank, N.A. v. Steger, No 12-6018 (BAP 8th Cir., June 14, 2012)
Ruling:
The bankruptcy court's findings that there was no evidence that the Debtor had made a false statement to establish a claim under Section 523(a)(2)(A) and that the Bank had failed to identify a tort...
WMS Motor Sales v. Reese (In re Reese), Case No. 11-3572 (6th Cir. June 13, 2012) (Not for publication)
Ruling:
AFFIRMING the decision of the Bankruptcy Appellate Panel (the “BAP”) of the Sixth Circuit that imposed sanctions against the attorney for a Chapter 7 debtor in the amount of $7,613.85. The...
Summarized by Dean Langdon , DelCotto Law Group PLLC
13 years 9 months ago
Citation:
File Name 12a0172p.06; Docket Nos. 10-5480/5491
Ruling:
Affirming the rulings of the District Court for the Middle District of Tennessee, the Sixth Circuit Court of Appeals held that a depository bank with custody (but not control) of ERISA accounts was...
Judge(s):
Merritt, Cook and Cox (District Judge); authored by Cook; dissent by Merritt
Fabrica de Muebles J.J. Alvarez, Inc. v. Inversiones Mendoza, Inc., Case No. 11-1985 (1st Cir. June 4, 2012)
Ruling:
The First Circuit Court of Appeals held that the United States District Court, District of Puerto Rico, did not abuse its discretion in denying a (non-debtor) plaintiff's motion for reconsideration...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
13 years 10 months ago
Citation:
In re Stone Resources, Inc., No. 11-2888 (3d Cir. May 29, 2012) (not precedential)
Ruling:
A District Court must review a Bankruptcy Court decision denying relief from the automatic stay under an abuse of discretion standard and cannot engage in its own fact finding when engaging in such...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 10 months ago
Citation:
Case No. KS-10-084 (B.A.P. 10th Cir. May 7, 2012)
Ruling:
The Bankruptcy Appellate Panel ("BAP") for the Tenth Circuit AFFIRMED the bankruptcy court's order ruling that a lender's mortgage interest in property has priority over mechanics' lien claims. ...
U.S. v Powell , Case No.11-4724 (4th Cir. May 16, 2012)
Ruling:
AFFIRMING the District Court, the 4th Circuit Court of Appeals held that the District Court did not commit reversible error by failing to provide the jury with the Defendant's three specific jury...
Judge(s):
Judge Floyd wrote the opinion, in which Judge Shedd & Judge Keenan joined.
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
13 years 10 months ago
Citation:
D.C. Docket No. 1:10-cr-00171-CG-N-1; 11-10993
Ruling:
The 11th Circuit Court of Appeals VACATED the conviction of one count of making false entries in a bankruptcy filing in violation of 18 U.S.C. 1519. The Court of Appeals held that because the...
