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Civic Partners Sioux City, LLC v. Main Street Theaters, Inc., et al (In re Civic Partners Sioux City, LLC)

Citation:
In re Civic Partners Sioux City, LLC (Case No. 15-6024)
Ruling:
The BAP reversed the bankruptcy court's order dismissing debtor's chapter 11 bankruptcy case and remanded for further proceedings consistent with this ruling.
Judge(s):
Kressel, Schermer, and Nail
Tag(s):

New York House Authority v. G-I Holdings, Inc. (In re G-I Holdings Inc.)

  • Summarized by Valerie Hamilton , Sills Cummis & Gross PC
  • 9 years 10 months ago
Citation:
No. 15-2164 (3d Cir. July 18, 2016) (Not Precedential)
Ruling:
District Court order affirmed. Governmental entity may not repackage its monetary claim as a claim for injunctive relief in order to avoid being bound by a confirmed plan. Distinguishes In re...
Judge(s):
Smith (author), Roth, and Rendell
Tag(s):

Ulrich v. Walker (In re Boates)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 10 months ago
Citation:
In re Boates, No. AZ-15-1279-KuJaJu (9th Cir. B.A.P. July 8, 2016). Published.
Ruling:
A chapter 7 debtor’s rights arising from a prepetition payment to a lawyer are estate property, even if the engagement agreement isn't executory.
Judge(s):
Christopher D. Jaime, Bankruptcy Judge for the Eastern District of California, sitting by designation, and Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges.
Tag(s):

Tevis v. California Department of Veterans Affairs (In re Tevis)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 11 months ago
Citation:
Tevis v. California Department of Veterans Affairs (In re Tevis), Case No. EC-15-1111-TaJuD (9th Cir. BAP Jul. 7, 2016) (unpublished)
Ruling:
Bankruptcy court's order dismissing debtors' adversary proceeding against creditor and chapter 13 trustee affirmed due to debtors' failure to prosecute.
Judge(s):
Taylor, Jury, and Dunn
Tag(s):

Arlington Capital, LLC v. Bainton McCarthy LLC, et al. (In re GT Automation Group, Inc.)

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 9 years 11 months ago
Citation:
In re GT Automation Group, Inc., No. 1:14-CV-98 (7th Cir. July 8, 2016) (unpublished).
Ruling:
In the bankruptcy context, an appellant lacks standing if it is unable to realize any economic benefit from a potential reversal.
Judge(s):
Posner, Williams, and Pallmeyer (District Judge of the Northern District of Illinois, sitting by designation.)
Tag(s):

Gaines v. Parker (In re Shaver Lakewoods Development Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 11 months ago
Citation:
9th Cir. Bankrupcy Appellate Panel Case No. EC-15-1312-TaJuD (Not or Publication)
Ruling:
The BAP agreed that the assignment in favor of the Appellant did not give rise to a mortgage against the real property at issue. The terms of the agreement between the Appellant and Debtor did not...
Judge(s):
Honorable TAYLOR, JURY, and DUNN, Bankruptcy Judges.
Tag(s):

Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 9 years 11 months ago
Citation:
Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).
Ruling:
A bankruptcy court has discretion to modify a Chapter 13 plan based on an increase in the Debtors’ post-confirmation income.
Judge(s):
Bauer, Williams, and Adelman (District Judge of the Eastern District of Wisconsin, sitting by designation)
Tag(s):

Grossman v. Wehrle (In re Royal Manor Management, Inc.)

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 9 years 11 months ago
Citation:
File Name 16a0324n.06; Docket No. 15-3146
Ruling:
In an unpublished opinion, the Sixth Circuit Court of Appeals affirms the ruling of the Bankruptcy Appellate Panel in In re Royal Manor Management, Inc., 525 B.R. 338 (B.A.P. 6th Cir. 2015),...
Judge(s):
Norris, McKeague and White; opinion by White
Tag(s):

California Capital Insurance Co. v. Riley (In Re Riley)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 12 months ago
Citation:
California Capital Insurance Co. v. Riley (In Re Riley), Case No. CC-15-1379-TaLKi (9th Cir. BAP Jun. 8, 2016) (unpublished)
Ruling:
Bankruptcy court judgment affirmed in favor of debtor in an adversary proceeding where creditor objected to discharge of its claim under § 523(a)(6).
Judge(s):
Taylor, Landis, and Kirscher
Tag(s):

Freif & Co. v. Shapiro, et al. (In re Western Funding Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 12 months ago
Citation:
-- F.3d -- (9th BAP 2016)
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the Chapter 11 Liquidating Trustee's ("Trustee") proposed settlement related to pre-petition transfers. The...
Judge(s):
Honorable DUNN, FARIS and BARASH.
Tag(s):

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