Allen v. Absher, et al. (In re Allen), No. 14-1242 (10th Cir. May 27, 2015)
Ruling:
The 10th Circuit affirmed the U.S. District Court for the District of Colorado, which affirmed the bankruptcy court's order approving the sale of debtor's stock in two oil companies to a creditor....
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 10 months ago
Citation:
Fifth Circuit Court of Appeals docket number 14-40423
Ruling:
The Barton doctrine - that before suit may be brought against a trustee leave of the court by which she was appointed must be obtained - continues in effect in the Fifth Circuit notwithstanding...
Judge(s):
Before Stewart, Chief Judge, and Southwick and Costa, Circuit Judges.
Ruling against the United Auto Workers (UAW) and in favor of GM, the Sixth Circuit held the 2009 Retiree Settlement Agreement (2009 RSA) extinguished an obligation for New GM to pay $450 million...
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Steven J. Savage's ("Debtor") motion for attorneys fees related...
Ninth Circuit Bankruptcy Appellate Panel Case No. NV-14-1375-KuDJu
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") ruled that both bankruptcy court's orders "stripping off" Bella Sera Homeowner's Association ("Bella") lien and...
In the unpublished Ninth Circuit Bankruptcy Appellate Panel ("BAP"), two issues were presented on appeal. First, did the bankruptcy court err is granting the Chapter 7 Trustee's partial summary...
Bank of Commerce & Trust Co. v. Schupbach, et al. (In re Schupbach), Case No. 13-068 (10th Cir. May 19, 2015). Unpublished.
Ruling:
Creditor’s appeal of dismissal of non-dischargeability claims are rendered constitutionally moot when reorganization plan treats creditor’s claim as satisfied in full and creditor does not object.
1756 W. Lake Street LLC v. American Chartered Bank and Scherston Real Estate Investments, LLC, Court of Appeals, 7th Circuit (May 15, 2015)
Ruling:
Value derived from several forbearance agreements and related concessions from a creditor satisfies the reasonable equivalence test in the face of an avoidance action brought by the debtor where...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
10 years 10 months ago
Citation:
2015 WL 2237147
Ruling:
The bankruptcy court erred in calculating damages and offset under Section 550. The bankruptcy court incorrectly gave defendant an offset for costs of improvements after finding that he did not...
9th Cir. Bankruptcy Appellate Case No. CC-14-1362-TaDPa (May 5, 2015)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") ruled that a bankruptcy court may relay on the issue preclusion effect of an existing state court judgment; however, the bankruptcy court must...
