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Yagman v. Kittay (In re Yagman)

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 9 years 5 months ago
Citation:
United States Court of Appeals for the Second Circuit; Case No. 16-57 (2nd Circuit, Dec 01,2016) Not Published
Case Status:
Affirmed
Ruling:
RULING BY SUMMARY ORDER (DOES NOT HAVE PRECEDENTIAL EFFECT). United States Court of Appeals for the Second Circuit held that the district court properly dismissed a Chapter 7 debtors' appeal for...
Judge(s):
DENNIS JACOBS, ROSEMARY S. POOLER, Circuit Judges, and GEOFFREY W. CRAWFORD, District Judge (sitting by designation)
Tag(s):

Blixseth v. Brown (In re Yellowstone Mountain Club, LLC)

Citation:
14-35363 (9th Circuit, Nov 28,2016) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:

The Barton doctrine, which requires permission of the bankruptcy court to sue a bankruptcy trustee in any court other than the bankruptcy court, applies to actions against members...

Judge(s):
Kozinski, Paez and Berzon
Tag(s):

Delaware Trust Co. v. Energy Future Intermediate Holding Co. LLC (In re Energy Future Holdings Corp.

  • Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
  • 9 years 6 months ago
Citation:
16-1351 (3rd Circuit, Nov 17,2016) Published
Case Status:
Reversed and Remanded
Ruling:

Provision in loan indenture calling for a redemption premium is enforceable after the debt is accelerated due to a bankruptcy filing and the debtor, during the bankruptcy proceeding, opts to...

Judge(s):
Ambro, Smith and Fisher
Tag(s):

Green v. Howard Family Trust Dated August 21, 1998 (In re Green)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 5 months ago
Citation:
NV-15-1349-KiLDo (9th Cir. BAP) (9th Circuit, Nov 09,2016) Not Published
Case Status:
Affirmed
Ruling:

9th Cir. BAP affirmed order converting Chapter 11 case to Chapter 7 as a bad faith filing to avoid entry of state court embezzlement judgment.

Judge(s):
KIRSCHER, LAFFERTY and DORE
Tag(s):

Gately v. Moore (In re Gately)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 6 months ago
Citation:
Bap No. CC-16-1086-TaFMc (BAP 9th Cir. Nov. 15, 2016) (Unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (CD Cal.) denying chapter 13 debtor's motion to avoid judicial lien. Bankruptcy court properly ruled that attorney fees...
Judge(s):
Taylor, Faris, McKittrick
Tag(s):

Rupp v. Pearson

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 6 months ago
Citation:
Rupp v. Pearson, Case No. 15-4191 (10th Cir. November 7, 2016). Unpublished.
Ruling:
It is not necessary to show fraud when seeking to dismiss a case when a debtor is attempting to hinder or delay creditors and, at the pleading stage, it is not necessary that the inference of...
Judge(s):
Tymkovich, Hartz, Phillips
Tag(s):

Merrill v. Bessler (In re Bessler)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 7 months ago
Citation:
BAP No. NV-15-1427-LDoKi (BAP 9th Cir. Nov. 1, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit reversed and remanded the ruling of the bankruptcy court (D. Nev.) dismissing plaintiff's adversary complaint for failure to prosecute after plaintiff failed to appear...
Judge(s):
Lafferty, Dore, Kirscher
Tag(s):

Halloum v. Kasolas (In re Halloum)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 7 months ago
Citation:
BAP No. EC-15-1401-JuKuMa (BAP 9th Cir. Oct. 27, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (E.D. Ca.) denying chapter 7 debtors' motion for leave to sue the chapter 7 trustee. The bankruptcy court correctly applied...
Judge(s):
Jury, Kurtz, Martin
Tag(s):

Galaz v. Katona (In the Matter of Galaz)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 9 years 7 months ago
Citation:
Case No. 15-50919 (5th Cir. Oct. 28, 2016)
Ruling:
AFFIRMED bankruptcy court's injunctive relief, concluding that post-confirmation jurisdiction existed, and that the prior settlement order barred the defendant (Galaz) from pursuing claims against...
Judge(s):
Clement, Weiner, Costa
Tag(s):

Mission Product Holdings, Inc. v. Old Cold, LLC

Citation:
Mission Product Holdings, Inc. v. Old Cold, LLC, 1st Cir. Bankr. App. Panel app. I
Ruling:
The Bankruptcy Appellate Panel for the First Circuit affirms the bankruptcy court's order approving the sale of substantially all of the assets of Debtor.
Judge(s):
Lamoutte, Hoffman, and Cary
Tag(s):

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