In re Perales, ___ B.R. ___ (B.A.P. 6th Cir. 2012)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed a bankruptcy court’s order granting the Chapter 7 debtor’s motion to redeem his motor vehicle for the lump...
Judge(s):
Emerson, McIvor, and Preston, Bankruptcy Appellate Panel Judges
Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
14 years 3 weeks ago
Citation:
No. 11-10396 (5th Cir. Mar. 9 2012)
Ruling:
The Fifth Circuit affirmed the district court’s order affirming the bankruptcy court’s decision not to dismiss the plaintiffs’ case pursuant to Federal Rule of Civil Procedure 41(b),...
Judge(s):
Judge Carolyn Dineen King, Judge Fortunato P. Benavides, and Judge W. Eugene Dennis
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
14 years 3 weeks ago
Citation:
--F.3d-- (March 6, 2012, 9th Cir.); case no. 10-16974
Ruling:
The Ninth Circuit Court of Appeals held that Appellants, the "Silar Parties" and their counsel, had no right to an immediate and interlocutory appeal from an order of the District Court awarding...
Judge(s):
The Honorable Susan P. Graper and the Honorable Sandra S. Ikuta, Circuit Judges; the Honorable Gordon J. Quist, Senior District Judge.
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
14 years 1 month ago
Citation:
Docket No. 10-2723-bk (2nd Cir. February 28, 2012)
Ruling:
The Bankruptcy Court should not have applied the choice of law rules of New York, where Coudert Brothers LLP filed for Chapter 11 protection, but instead the choice of law rules of Connecticut,...
Case No. 10-56134 (9th Cir. Feb. 21, 2012) (not for publication)
Ruling:
Held that plaintiff-appellant did not waive any challenge to an award of legal-malpractice damages against defendant-appellee (the debtor) because she challenged the amount of damages in her first...
Judge(s):
WARDLAW and CALLAHAN, Circuit Judges, and MARTINEZ, District Judge for the U.S. District Court for Western Washington, sitting by designation.
Summarized by Frank Volk , U.S. Bankruptcy Court, Southern District of West Virginia
14 years 1 month ago
Citation:
SunTrust Bank, N.A. v. Macky (In re McCormick), No. 10-2027, --- F.3d ----, 2012 WL 414667 (4th Cir. Feb. 10, 2012).
Ruling:
The same notice imputed to a bona fide purchaser is that which is enjoyed by a trustee pursuant to 11 U.S.C. § 544(a)(3), thus permitting the trustee under applicable North Carolina law to rely...
Judge(s):
Hon. Paul V. Niemeyer, Hon. G. Steven Agee, and Hon. James A. Wynn, Jr.
The Fourth Circuit Court of Appeals (the “Circuit Court”) ruled that the claims of Plaintiffs-Appellants James Mark McDaniel, Jr. and Dr. C. Richard Epes (collectively, “Appellants”)...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 2 months ago
Citation:
No. 11-6061 (B.A.P. 8th Cir. Feb. 1, 2012)
Ruling:
The Eighth Circuit affirmed the decision of the bankruptcy court denying a creditor's motion to determine his claim, on the grounds that the bankruptcy court lacked subject matter jurisdiction to...
The Ninth Circuit Court of Appeals affirmed the District Court (and Bankruptcy Court) decision that debtor / appellant and her husband were liable for debt and that debt was excepted from discharge...
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6065
Ruling:
The BAP held that the dispute involving the parties' respective claims regarding the life insurance policy in question was a core proceeding under 28 U.S.C. 157(b)(2), and that the bankruptcy court...
