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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 8 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v. California Department of Veterans Affairs (In re Tevis), Case No. EC-15-1111-TaJuD (9th Cir. BAP Jul. 7, 2016) (unpublished)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 8 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In re GT Automation Group, Inc., No. 1:14-CV-98 (7th Cir. July 8, 2016) (unpublished).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 8 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Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).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 9 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Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).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 9 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In an unpublished opinion, the Sixth Circuit Court of Appeals affirms the ruling of the Bankruptcy Appellate Panel in In re Royal Manor Management, Inc., 525 B.R. 338 (B.A.P.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 9 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 9 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):

Nelson v. Fifth Third Bank, et al. (In re Brunsman, Jr.)

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 9 years 9 months ago
Citation:
File Name:16b0008n.06 (Nos. 15-8014/8015, June 1, 2016
Ruling:
The bankruptcy court abused its discretion when it granted summary judgment for the Chapter 7 Trustee sua sponte. While there is no prohibition against granting summary judgment sua sponte, it is...
Judge(s):
Harrison, Opperman, Wise
Tag(s):

Pirani v. Baharia (In the Matter of Pirani)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 9 years 9 months ago
Citation:
--- F.3d ---, Case No. 15-40538 (5th Cir May 27, 2016)
Ruling:
Affirmed, in part, the lower courts' judgment against the debtor based on breaches of a pre-petition settlement agreement. The debtor’s payment of $300,000 for an “assignment” of the...
Judge(s):
Higginbotham, Southwick, Higginson (opinion by Higginson)
Tag(s):

Castaic Partners II, LLC v. Daca Castaic, LLC (In the Matter of Castaic Partners II, LLC)

  • Summarized by Lovee Sarenas , Sklar Hirsh
  • 9 years 10 months ago
Citation:
Case No. 14-55281
Ruling:
The appeal was deemed constitutionally moot because the appellate court found that it cannot render relief in the event that it decides the matter in the appellant's favor. The court found that...
Judge(s):
Circuit Judges Milan Smith, Jr. and Jacqueline H. Nguyen and District Court Judge Claudia Wilken (sitting by designation).
Tag(s):

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