Andover Covered Bridge, LLC v. Harrington
- Citation:
- Bankruptcy Case No. 15-20489-PGC, BAP No. EP 16-005
- Ruling:
- AFFIRMED.
- Judge(s):
- Feeney, Godoy and Harwood
- Tag(s):
Rhino Energy LLC v. C.O.P. Coal Development Co. (In re C.W. Mining Co.)
- Citation:
- Rhino Energy LLC, et al. v. C.O.P Coal Dev. Co., et al. (In re C.W. Mining Co.), Case No. 15-4108 (10th Cir. September 16, 2016).
- Ruling:
- A District Court’s order is not final if it remands a case to the Bankruptcy Court for significant further proceedings and thus, the 10th Circuit does not have appellate jurisdiction. To qualify...
- Judge(s):
- Phillips, McHugh, Moritz
- Tag(s):
Trentadue v. Gay (In re Trentadue)
- Citation:
- In re Trentadue, No. 15-CV-388 (7th Cir. Sept. 14, 2016) (unpublished).
- Ruling:
- In the bankruptcy context, attorney’s fees awarded relating to a child support case constitutes a priority, non-dischargeable domestic support obligation under 11 U.S.C. § 507(a)(1).
- Judge(s):
- Kanne, Ripple, and Williams.
- Tag(s):
Rosenberg v DVI Receivables
- Citation:
- No. 15-2622, 3d Cir. Aug. 29, 2016
- Ruling:
- Section 303(i) of the Bankruptcy Code allows a former debtor to seek costs, attorneys' fees, and damages against a petitioning creditor, where a court dismisses an involuntary bankruptcy petition. ...
- Judge(s):
- AMBRO, JORDAN and SCIRICA, Circuit Judges
- Tag(s):
Rosenberg v DVI Receivables
- Citation:
- Rosenberg v. DVI Receivables XVII, LLC, Case No. 15-2622 (3rd Cir. Aug. 29, 2016)
- Ruling:
- Section 303(I) of the Bankruptcy Code does not preempt state law claims of non-debtors predicated on the filing of an involuntary bankruptcy petition. The opinion, however, expressly disclaimed...
- Judge(s):
- Ambro, Jordan, and Scirica
- Tag(s):
Gowdy v. Mitchell (In re Ocean Warrior, Inc.)
- Citation:
- No. 15-11891 (11th Cir. Aug. 26, 2016)
- Ruling:
- The Bankruptcy Court (i) did not abuse its discretion in failing to conduct evidentiary hearing on civil contempt matter because contemnor had notice of the hearing and was given the opportunity to...
- Judge(s):
- Eleventh Circuit Judges Stanley Marcus and Joel Dubina, and Visiting Eighth Circuit Judge Michael Melloy
- Tag(s):
Bash v. Textron Financial Corp., (In re Fair Finance Co.)
- Citation:
- 2016 WL 4437606 (6th Cir. 2016)
- Ruling:
- District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.
- Judge(s):
- Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)
- Tag(s):
Hennigan v. Smith (In the Matter of Smith)
- Citation:
- Unpublished Opinion - Case No. 16-20241 (5th Cir. Aug. 17, 2016)
- Ruling:
- AFFIRMED lower courts' orders and upheld the debtor's homestead exemption, even though the debtor clearly intended to sell the property and move back to Australia. "The fact that a party desires...
- Judge(s):
- (per curiam) Jolly, Davis, Southwick
- Tag(s):
Uecker v. Bennett (In re Mortgage Fund '08 LLC)
- Citation:
- Uecker v. Bennett (In re Mortgage Fund '08 LLC), Case No. NC-15-1408-JuKiTa (9th Cir. BAP Aug. 15, 2016) (unpublished)
- Ruling:
- Bankruptcy court's decision that settlement agreement covered liquidating trustee's fraudulent transfer claim against appellee affirmed because no genuine issue of material fact existed as to the...
- Judge(s):
- Jury, Kirscher, Taylor
- Tag(s):
Vizconde v. McCandless (In re Carrera)
- Citation:
- In re Carrera, No. NC-15-1383-KiTaJu (9th Cir. B.A.P. Aug. 16, 2016). Not for publication.
- Ruling:
- A chapter 13 debtors’ lawyer’s involvement in two bad-faith chapter 13 filings warranted FRBP 9011 monetary sanctions on the bankruptcy court’s own motion.
- Judge(s):
- Ralph B. Kirscher, Laura S. Taylor, and Meredith A. Jury, Bankruptcy Appellate Panel Judges.
- Tag(s):