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Gaft, et al. v. Sheidler (In re Sheidler)

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 9 years 12 months ago
Citation:
Case No. 15-8011 (6th Cir. BAP 2016)
Ruling:
Creditor could not prevail in adversary to except debt from discharge based on fraud where evidence indicated that statements made by debtor either were statements of opinion or were statements...
Judge(s):
Harrison, Humphrey and Preston
Tag(s):

Tendering Phones Holders, et al. Large Private Beneficial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

  • Summarized by Jordan Wishnew , Shearman & Sterling LLP
  • 9 years 12 months ago
Citation:
13-3992-cv
Ruling:
Affirm the District Court's dismissal of the complaint, on preemption rather than standing grounds. The rights of creditors to bring state law, fraudulent conveyance claims not limited in the...
Judge(s):
Winter, Droney & Hellerstein
Tag(s):

Bradley R. Kirk & Associates, Inc. v. Spellman (In re Spellman)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 1 day ago
Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1026-KiKuF (March 22, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the holding of the bankruptcy court. To determine whether the Debtor proposed his Chapter 13 Plan in good faith, the BAP considered the following:...
Judge(s):
Honorable KIRSCHER, KURTZ and FARIS
Tag(s):

Continental Casualty Company v. Symons, et al.

  • Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
  • 10 years 1 day ago
Citation:
14-2665, 14-2671 & 15-1061
Ruling:
7th Circuit affirmed the finding of the District Court that Symons International was liable for breach of a 1998 sale agreement; found Symons International Goran, Granite, and the Symons...
Judge(s):
Before ROVNER and SYKES, Circuit Judges, and ANDREA WOOD, District Judge (ND IL - by designation)
Tag(s):

Tendering Phones Holders, et al. v. Large Private Benefecial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 10 years 1 day ago
Citation:
2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)
Ruling:
The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while...
Judge(s):
WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge
Tag(s):

Wicklund v. Robert D. Johnson Trust (In re Wicklund)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 1 week ago
Citation:
BAP No. WW-14-1424-KiFJu (BAP 9th Cir. March 15, 2016) (Unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court’s (W.D. Wa.) orders denying Jeffrey’s claim of homestead exemption and denying chapter 13 debtor's motion to alter or amend the order...
Judge(s):
Kirscher, Faris, and Jury
Tag(s):

Vaughan v. Weinstein (In re Vaughan)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 1 week ago
Citation:
BAP No. NV-15-1254-JuKiD (BAP 9th Cir. Feb. 29, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed summary judgment entered by the bankruptcy court (D. Nev.) revoking the discharge of a chapter 7 debtor for failing to appear at a 2004 exam. The BAP agreed...
Judge(s):
Jury, Kirscher, Dunn
Tag(s):

Park v. Laski (In re Holy Hill Community Church)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 1 week ago
Citation:
BAP No. CC-15-1270-TaKuF (BAP 9th Cir. Mar. 7, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed in part, and reversed and remanded in part, the ruling of the bankruptcy court (C.D. Cal.), affirming the bankruptcy court's finding of a willful violation of...
Judge(s):
Taylor, Kurtz, Faris
Tag(s):

Kingdom Fresh Produce, Inc., et al. v. Stokes Law Office, L.L.P. (In the Matter of Delta Produce, L.P.)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 10 years 1 week ago
Citation:
No. 14-51079 Fifth Circuit Court of Appeals
Ruling:
Attorney could not be paid his fees and expenses allocable to an objecting PACA claimant as 7 U.S.C. § 499e(c)(2) requires that buyers of perishable agricultural commodities must hold receivables...
Judge(s):
Before REAVLEY, PRADO, and COSTA, Circuit Judges.
Tag(s):

Providence Hall Associates Ltd Partnership v. Wells Fargo Bank, N.A.

  • Summarized by Brooke Schumm , Daneker, McIntire, Schumm, et al.
  • 10 years 2 weeks ago
Citation:
Slip Op. Mar. 11, 2016 (Case No. 15-2378 4th Cir. 2016)
Ruling:
After the district court dismissed a lender-liability action by a former Borrower against the Bank, the Court of Appeals affirmed the dismissal based on res judicata because during the time that...
Judge(s):
Diaz, Wilkinson and Niemeyer
Tag(s):

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