Barron & Newburger, P.C. v. Texas Skyline, Ltd. (In re Woerner), --- F.3d ---, Case No. 13-50075 (5th Cir. Apr. 9, 2015)
Ruling:
In this “Anti-Snax” decision by the en banc Court of Appeals, the Fifth Circuit OVERTURNED its retrospective attorney’s-fee rule from In re Pro-Snax Distributors, Inc., 157 F.3d 414 (5th Cir....
Judge(s):
Edward C. Prado writing for the en banc court; Grady Jolly specially concurring
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order disallowing the amended proof of claim filed by chapter 7 trustee, Peter Mastan ("Mastan"). A condition...
Adam v. Dobin (In re Adam), BAP No. CC-14-1416-PaKiTa (B.A.P. 9th Cir. Apr. 6, 2015)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in granting summary judgment that creditor's claim against debtor was...
CC-14-1365-KiKuD (9th Cir. BAP) April 6, 2015; Not for Publication
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling in part and vacated it in part. The BAP affirmed the denial of the Debtor's motion in relation to...
Plise v. Krohn (In re Plise), BAP No. NV-14-1474-DJuKu (B.A.P. 9th Cir. April 6, 2015)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not commit reversible error when it disallowed debtor's ex-wife's proof of...
Based upon lack of subject matter jurisdiction, BAP vacated a bankruptcy court judgment determining the amount of a debtor's exemption in certain funds held in an account. The BAP held that a...
BAP affirmed bankruptcy court in holding: 1) Bankruptcy court acted within it's discretion for entry of default and default judgment as to nondischargeability of debt; 2) the bankruptcy court did...
Wilson v. Walker (In re Walker), 8th Cir. Bankruptcy Appellate Panel, No. 14-6032, April 7, 2015
Ruling:
The BAP for the 8th Circuit affirmed the bankruptcy court (W.D. Mo.-Springfield), which denied plaintiff's (1) requests for: (a) judgment of nondischargeability under 11 USC 523 against debtor; (b)...
Judge(s):
KRESSEL, SCHERMER and NAIL, Bankruptcy Judges. Judge SCHERMER, authored the opinion
O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.), 2015 WL 1528302 (8th Cir. BAP April 7, 2015)
Ruling:
Bankruptcy Appellate Panel dismissed debtor's appeal from order confirming its third amended plan on grounds that the debtor did not have standing and the debtor's arguments were moot.
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 11 months ago
Citation:
5th Cir Court of Appeals; 14-40760 (Unpublished Opinion)
Ruling:
Debtor's admittedly false borrowing base certificates are not "statements respecting the debtor's or an insider's financial condition" under section 523(a)(2)(B) that require proof of reasonable...
Judge(s):
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
