Case Nos. 11-2635, 11-2767 (Decided April 10, 2012)
Ruling:
The Court had jurisdiction to hear the appeal. Although the bankruptcy court order did not grant or deny relief from the automatic stay, the order was equivalent to a final order from that court...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 12 months ago
Citation:
Cockhren v. MidWestOne Bank, Case No. 11-6067 (8th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (the “8th Circuit B.A.P.”) affirmed the decision of the U.S. Bankruptcy Court for the Northern District of Iowa (the “Bankruptcy...
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
13 years 12 months ago
Citation:
In re Jonathan M. Webb [No. 11-8016] (6th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel held that: (i) the doctrine of lis pendens did not preclude certain real property from becoming property of the debtor's bankruptcy estate, (ii) the...
The 11th Circuit Court of Appeals affirmed the decisions of the District Court for the Southern District of Florida related to an adversary proceeding for non-dischargeability of a Chapter 7 Debtor...
Judge(s):
Dubina, Chief Judge; Marcus and Martin, Circuit Judges.
The Ninth Circuit held that the lender's failure to publicly announce the postponement of a non-judicial foreclosure sale violated Hawaii’s non-judicial foreclosure statute and constituted a...
In re Calloway, ___ B.R. ___ (B.A.P. 6th Cir. 2012)(unpublished)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed the bankruptcy court’s order denying the Chapter 13 co-debtors’ motion seeking relief from the order...
Judge(s):
Fulton, Harris, and Shea-Stonum, Bankruptcy Appellate Panel Judges
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
14 years 1 week ago
Citation:
Oster v. Clarkston State Bank (In re Oster), Case No. 11-1388 (6th Cir. Mar. 26, 2012) (Not Recommended for Full-Text Publication)
Ruling:
The Sixth Circuit Court of Appeals (the “Circuit Court”) affirmed the district court’s ruling, which, in turn, had affirmed the bankruptcy court’s determination that Claude Oster’s (the...
Affirmed order of bankruptcy court sustaining objection of trustee to claim of exemption of annuity under Missouri state law. BAB concluded that prior ruling of bankruptcy court that annuity was...
Judge(s):
Kressel, Chief Judge, Schermer (writing). and Saladino522
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
14 years 2 weeks ago
Citation:
Case No. 11-10070 (5th Cir. March 20, 2012).
Ruling:
Plaintiff had standing to avoid the debtor’s guaranty obligations pursuant to 11 U.S.C. § 544(b) and the laws of the State of New York. The decision was driven by the Fifth Circuit’s...
Judge(s):
Benavides and Prado, Circuit Judges, and Alvarez, District Judge, sitting by designation.
The Bankruptcy Appellate Panel affirmed the ruling of the Bankruptcy Court for the Northern District of Ohio, which dismissed a Chapter 7 Trustee's complaint seeking to avoid a mortgage against the...
