Bowles Sub Parcel A, LLC, et al. v. CW Capital Asset Mgt. LLC, et al. (In re Bowles Sub Parcel A, LLC, ), Nos. 14-1055, 14-1060, 14-1061, 14-1064, 14-1065 (8th Cir. July 1, 2015)
Ruling:
The 8th Circuit affirmed the affirmed the ruling of the bankruptcy court (D. Minn.), which determined that a default-interest provision in a loan agreement was a valid liquidated-damages provision...
Cutcliff v. Reuter, __ F.3d __, 2105 WL 3953147 (8th Cir. June 30, 2015)
Ruling:
The individual debtor did not have standing to appeal default judgment entered against a related limited liability company, although the co-trustee of a trust did have sufficient standing to do so....
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") entered it Memorandum opinion without the submittal of oral argument and determined it was not appropriate for publication. The Debtor did not...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
10 years 9 months ago
Citation:
Ross v. Garcia (In re Garcia), 2015 WL 3889388, --- B.R. ---- (1st Cir. B.A.P. Jun. 24, 2015)
Ruling:
Regarding the order denying motion for reconsideration, the BAP found the creditor-appellant "failed to show exceptional circumstances justifying Rule 60(b)(6) relief" and further found no error in...
Affirmed. Defendant Alfredo Pacheco- Martinez was convicted of various offenses arising from his multi-year effort to swindle scores of unsuspecting victims out of over a million dollars and to...
Judge(s):
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Aida M. Delgado-Colón, U.S. District Judge
Before
Howard, Chief Judge,
Selya and Lynch, Circuit Judges
Lariat Companies, Inc. v. Wigley (In re Wigley), No. 14-6043 (BAP 8th Cir. June 19, 2015)
Ruling:
The BAP for the 8th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (D. Minn.-Minneapolis) after bankruptcy court sustained debtor's objection and capped creditor's...
Sangha v. Schrader (In re Sangha), BAP No. CC-14-1397-PaKiTa (BAP 9th Cir. June 11, 2015)
Ruling:
The BAP for the 9th Circuit reversed and remanded the bankruptcy court (C.D. Cal.), which had granted summary judgment on a creditor's 523(a)(6) nondischargeability claim after applying collateral...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
10 years 9 months ago
Citation:
Case No. 14-3837 (6th Cir. 2015)
Ruling:
Borrower precluded from contesting foreclosure based on estoppel or misrepresentation based on lender's alleged statements that borrower did not need to defend foreclosure or that lender would...
Redmond v. Jenkins, et al. v. Pommier, et al. (In re Alternate Fuels, Inc.), Case No. 14-3086 (10th Cir. June 12, 2015). Published.
Ruling:
Recharacterization is essential to a court’s ability to properly implement the priority scheme of the Bankruptcy Code and is determined under § 105(a) and not § 502(b); thus, the 10th...
