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Christopher M. Cook v. Chapter 13 Trustee

Summarizing by Timothy Anzenberger

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Privitera v. Curran

  • Summarized by William Amann , Amann Burnett, PLLC
  • 9 years 8 months ago
Citation:
1st Circuit BAP NO. MW 15-051, Massachusetts Main Bankruptcy Case No. 14-42811-CJP, Adversary Proceeding No. 15-04024-CJP
Ruling:
AFFIRMED. Creditor's Complaint against Debtor objecting to dischargeability under 11 USC 523(a)(2)(A) was dismissed by the Bankruptcy Court under Fed. R. Civ. P. 12 (b)(6) standard. Creditor's...
Judge(s):
Trial Judge: Hon. Melvin S. Hoffman. BAP Judges: Lamoutte, Deasy and Cary.
Tag(s):

Andover Covered Bridge, LLC v. Harrington

  • Summarized by Guy Moss ,
  • 9 years 8 months ago
Citation:
United States Bankruptcy Appellate Panel for the First Circuit, No. EP 16-005, July 31, 2016
Ruling:
Affirming the dismissal of a Chapter 11 proceeding, the First Circuit BAP examined the serial components of a motion to dismiss or convert under sec. 1112 of the Code. First, a court must examine...
Judge(s):
Feeney, Godoy, and Harwood
Tag(s):

Rhino Energy LLC v. C.O.P. Coal Development Co. (In re C.W. Mining Co.)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 8 months ago
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)

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 9 years 8 months ago
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In re Trentadue, No. 15-CV-388 (7th Cir. Sept. 14, 2016) (unpublished).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

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 9 years 9 months ago
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

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 9 years 9 months ago
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.)

  • Summarized by Paul Avron , Berger Singerman LLP
  • 9 years 9 months ago
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.)

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 9 years 9 months ago
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)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 9 years 9 months ago
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):

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