Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

U.S. v. Turner

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 14 years 2 weeks 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...
Judge(s):
CARNES, MARTIN & JORDAN
Tag(s):

Waldo v. Ocwen Loan Servicing, LLC

Citation:
Case No. 2:-10-CV-00928-CW (10th Cir. May 18, 2012)
Ruling:
The Court of Appeals AFFIRMED the district court's ruling that the plaintiff's (Charles and Ethanne Waldo) claims could have been litigated in the federal bankruptcy action and previous state court...
Judge(s):
Circuit Judges Murphy, Baldock and Hartz.
Tag(s):

Smyth v. Edamerica, Inc. (In re Smyth)

  • Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
  • 14 years 3 weeks ago
Citation:
20012 FED App. 0005P (6th Cir.)
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit upheld the decision of the bankruptcy court denying a Debtor's motion to reopen her bankruptcy case. Debtor requested the case to be reopened...
Judge(s):
Bankruptcy Appellate Panel, Judges Fulton, McIvor, and Shea-Stonum.
Tag(s):

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

  • Summarized by Hale Lake , Hinshaw & Culbertson, LLP
  • 14 years 3 weeks ago
Citation:
Redondo Constr. Corp. v. Puerto Rico Highway & Transp. Auth. (In re Redondo Constr. Corp.), No. 11-1614 (1st Cir. May 11, 2012)
Ruling:
The First Circuit affirmed in part and remanded in part the decision of the Bankruptcy Court, which was affirmed by the District Court (D. P.R.). On appeal, the Puerto Rico Highway &...
Judge(s):
Selya, Lipez, Lynch, C.J
Tag(s):

First Yorkshire Holdings, Inc. v. Pacifica L 22, LLC (In re First Yorkshire Holdings, Inc.)

  • Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
  • 14 years 3 weeks ago
Citation:
BAP No. CC-11-1144-KiMkH (9th Cir. May 10, 2012)
Ruling:
Vacated and remanded the bankruptcy court's order granting a Stay Relief Order under § 362(d)(2) and granting relief under § 362(d)(4). Finding the bankruptcy court abused its discretion by...
Judge(s):
KIRSCHER, MARKELL, and HOLLOWELL
Tag(s):

In re: Vistacare Group, LLC, et al.

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 14 years 1 month ago
Citation:
In re Vistacare Group, LLC, et. al., No. 11-2695 (May 4, 2012 3d Cir.) (Precedential)
Ruling:
The Third Circuit Court of Appeals held that the Barton doctrine, which requires a party seeking to sue a court-appointed receiver, to first obtain leave of the appointing court, applies to...
Judge(s):
McKee, Fisher, Greenaway
Tag(s):

Jendusa-Nicolai v. Larsen

  • Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
  • 14 years 1 month ago
Citation:
No. 11-1256; 2012 WL 1324245
Ruling:
Willful and malicious injury determination and finding of nondischargeability affirmed in case involving a brutal attack on the Debtor’s ex-wife (an attack which resulted in a life sentence for...
Judge(s):
Easterbrook, Posner, and Sykes.
Tag(s):

In re Summit Metals, Inc.

Citation:
No. 11-2112 (3d Cir. (Del.) Apr. 17, 2012)
Ruling:
The United States Court of Appeals for the Third Circuit affirmed the decision of the United States District Court for the District of Delaware affirming an oral opinion and order issued by the...
Judge(s):
FISHER and GREENAWAY, JR., Circuit Judges, and JONES, District Judge, sitting by designation
Tag(s):

Mallory v. Heitkamp (In re Mallory)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 14 years 1 month ago
Citation:
No. 11-20192 (5th Cir. April 16, 2012) [Not for Publication]
Ruling:
Affirming the District Court affirmance of the dismissal of Joel Donald Mallory, Jr.’s (“Mr. Mallory”) chapter 13 bankruptcy petition, the Fifth Circuit found that the Bankruptcy Court did...
Judge(s):
Garza, Southwick, and Haynes, Circuit Judges.
Tag(s):

Clark v. Zwanziger (In re Zwanziger)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 14 years 1 month ago
Citation:
Clark v. Zwanziger (In re Zwanziger), BAP WO-11-080, 2012 WL 1098266, --- B.R. --- (10th Cir. B.A.P. Apr. 3, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the Tenth Circuit (the “B.A.P.”) ruled that: (a) an award of damages by the U.S. District Court for the Western District of Oklahoma (the “District...
Judge(s):
Brown, Karlin, Somers
Tag(s):

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