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McDermott v. St. George (In re St. George)

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 8 years 11 months ago
Citation:
File Name: 17b0002n.06; Nos. 16-8017-8018 (6th Circuit, Apr 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy Appellate Panel (BAP) reversed the decision of the Bankruptcy Court which had (i) granted a second motion by the U.S. Trustee's Office (UST) to extend the time to file a complaint...
Judge(s):
Delk, Harrison and Preston
Tag(s):

Cooley-Linder v. Behrends (In re Behrends)

  • Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
  • 8 years 10 months ago
Citation:
660 Fed Appx 696 (10th Cir. Nov. 14, 2016) (10th Circuit, Nov 14,2016) Published
Case Status:
Affirmed
Ruling:
An arbitration award for securities law violations is excepted from discharge under section 523(a)(19) even where there was no litigation before the arbitration panel and the award was issued...
Judge(s):
Tymkovich, Bacharach, Moritz
Tag(s):

Medical Lien Management, Inc. v. Dampier, Jr. (In re Dampier, Jr.)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
BAP No. CO-16-020 (10th Circuit, Apr 11,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) entry of summary judgment declaring criminal restitution obligation nondischargeable under 523(a)(7). While 523(a)(7) excepts debt other than...
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

Lansaw v. Zokaites

  • Summarized by Valerie Hamilton , Sills Cummis & Gross PC
  • 8 years 11 months ago
Citation:
16-1867 (3rd Circuit, Apr 10,2017) Published
Case Status:
Affirmed
Ruling:
Section 362(k)(1) provides "an individual injured by any willful violation of [the automatic] stay shall recover actual damages, including costs and attorneys' fees and, in appropriate...
Judge(s):
Fisher, Krause, and Melloy (sitting by designation)
Tag(s):

Koyle v. Sand Canyon Corp.

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
No. 16-4035 (10th Circuit, Mar 31,2017) Published
Case Status:
Affirmed
Ruling:
10th Circuit affirmed the ruling of the district court (D. Utah) granting summary judgment in favor of defendants in debtor diversity suit challenging defendants' attempt to foreclose on deed of...
Judge(s):
Kelly, Briscoe, Lucero
Tag(s):

First Community Bank v. Gaughan (In re Miller)

  • Summarized by ,
  • 8 years 11 months ago
Citation:
No. 14-16854 (9th Circuit, Mar 31,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed ruling of district court (D. Ariz.), after district court reversed bankruptcy court's summary judgment in favor of judgment lien creditor, who brought adversary against chapter...
Judge(s):
Tashima, Smith, Korman
Tag(s):

Lau v. Bank of America, N.A. (In re Lau)

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 8 years 12 months ago
Citation:
No. 16-2221 (3rd Circuit, Mar 27,2017) Not Published
Case Status:
Affirmed
Ruling:
The United States Court of Appeals for the Third Circuit affirmed two orders of the United States District Court for the District of New Jersey affirming on appeal an order of the United States...
Judge(s):
Restrepo, Scirica, and Fisher, Circuit Judges
Tag(s):

Encanto Restaurants, Inc. v. Vidal, et al

  • Summarized by William Amann , Amann Burnett, PLLC
  • 8 years 12 months ago
Citation:
Bankruptcy Case Nos. 12-08567-MCF & 12-08570-MCF (Consolidated) , Adv. Pro. No. 14-00030-MCF, BAP No. PR 16-034 (1st Circuit, Mar 21,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Encanto lacks standing to pursue an appeal from the June 2016 Order and the Judgment to the extent that those rulings denied Encanto’s requests for relief for alleged violations of § 362’s...
Judge(s):
Bankruptcy Judge Mildred Caban Flores, BAP Judges: Bailey, Harwood and Fagone
Tag(s):

Gugliuzza v. Federal Trade Commission (In re Gugliuzza)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 21 hours ago
Citation:
No. 15-55510 (9th Circuit, Mar 24,2017) Published
Case Status:
Dismissed
Ruling:
9th Circuit dismissed appeal, holding that it lacked jurisdiction to review district court's order, which reversed in part a bankruptcy court's grant of summary judgment against a bankruptcy debtor...
Judge(s):
Callahan, Bea, Ikuta
Tag(s):

Maxwell Real Estate Investment, LLC v. Liberty Asset Management Corp. (In re Asset Management Corp.)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 20 hours ago
Citation:
CC-16-1273-FCTa (9th Circuit, Mar 21,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court denying motion for relief from stay because movants did not need relief from stay to prosecute claim in bankruptcy court. While creditor...
Judge(s):
Faris, Clement, Taylor
Tag(s):

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