Sixth Circuit Bankruptcy Appellate Panel affirmed Bankruptcy Court's denial of Debtor's claim of homestead exemption under Ohio law in 46-foot Sea Ray Boat. Panel held that the bankruptcy court...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
10 years 10 months ago
Citation:
In re Taylor, No. 14–3017, 2015 WL 4393732, --- F.3d --- (7th Cir. July 20, 2015)
Ruling:
Affirming the district court, the Seventh Circuit first held that the appeal was not moot even though the debtor had entered into a settlement agreement with one of the appellees because the other...
Judge(s):
Wood, Chief Judge; Rovner, Circuit Judge; and Springmann, District Judge (sitting by designation)
Ashurst Land and Cattle, LLC v. Rancho Mountain Properties, No. 13-56204 (9th Cir. July 14, 2015) (NOT FOR PUBLICATION)
Ruling:
AFFIRMING the district court's order granting defendant's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) de novo, the Ninth Circuit Court of Appeals held that (a) the district court...
In the issue of first impression before the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP reversed and remanded the bankruptcy court's order denying the Chapter 13 Debtors motion to...
Summarized by Dean Langdon , DelCotto Law Group PLLC
10 years 10 months ago
Citation:
15 FED App 0003P (6th Cir.); Docket No. 14-8045
Ruling:
Reversing a bankruptcy court order refusing to extend the Rule 4007(c) deadline to object to discharge, the Sixth Circuit BAP remanded the case. The BAP relied on the fact that local counsel for...
The Seventh Circuit reversed the district court's order dismissing the bankruptcy trustee's legal malpractice complaint against Katten Muchin Rosenman LLP ("Katten"), holding that the trustee...
Summarized by David Baker , Law Office of David G. Baker
10 years 11 months ago
Citation:
First Circuit #15-1218, 1221, 1271 & 1272
Ruling:
Affirms District Court's holding that §903 of the Bankruptcy Code pre-empts Puerto Rico's recently enacted "Recovery Act", relating to municipal bankruptcy. One judge concurred, but would find...
Judge(s):
Lynch (author), Howard, and Toruella (concurring in the judgment but would hold that exclusion of Puerto Rico is unconstitutional).
Jones, Jr. v. Castellucci, , No. 14-8060 (10th Cir. July, 6, 2015)
Ruling:
The Tenth Circuit affirmed the district court's (D. Colo.) grant of summary judgment in favor of plaintiff and the district court's denial of post-judgment motion to reconsider. The Tenth Circuit...
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") ruling deemed not appropriate for publication, the BAP dismissed the appeal as moot. During the pending appeal, the Debtor's Chapter 11...
Strauss v. Cole, No. 14-3302 (8th Cir. July 6, 2015)
Ruling:
Eighth Circuit affirmed district court ((W.D. Miss. - Jefferson City) and concluded there was no basis for reversal on defendants' appeal of grant of summary judgment in favor of trustee plaintiff...