Order affirming ruling denying motion for reconsideration pursuant to FRCP 60(b) and FRBP 9024 of order granting summary judgment. The BAP rejected arguments that the proceeding was improperly...
Blixseth v. Glasser (In re Yellowstone Mountain Club, LLC), No. 13-35113 (9th Cir. Feb. 11, 2015)
Ruling:
In an unpublished decision, the 9th Circuit affirmed the U.S. District Court for the District of Montana, who had affirmed the U.S. Bankruptcy Court for the District of Montana, and ruled that the...
United States Court of Appeals for the First Circuit, No. 14-1281, February 11, 2015
Ruling:
Affirming the ruling of the district court, the First Circuit determined that the plain language of a confirmed chapter 11 Plan, which created a litigation trust to which individual asbestos claims...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 1 month ago
Citation:
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses...
Judge(s):
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
11 years 1 month ago
Citation:
Hotel 71 Mezz Lender, LLC v. The National Retirement Fund, No. 14-2034, --- WL --- (7th Cir. Feb. 6, 2015)
Ruling:
The Court reversed and remanded a sua sponte grant of summary judgment against a party that also unsuccessfully moved for summary judgment. The Court found that, absent a record "clear beyond...
9th Circuit Bankruptcy Appellate Panel Nos. CC-14-1175-KuPaTa and CC-14-1224-KuPaTa
Ruling:
In the unpublished decisions, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling holding creditor Stephen Fade ("Faden") in contempt based on Faden knowing a...
Williams v. Living Hope Southeast, LLC, No. 14-6030 (BAP 8th Cir. Jan. 29, 2015)
Ruling:
The BAP for the 8th Circuit affirmed the order of the bankruptcy court (W.D. Ark - Texarkana) denying debtor's motion for reconsideration following the bankruptcy court's sanction order. The BAP...
Official Committee of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), Case No. 13-2707, 2015 WL 305505 (3d Cir. Jan. 26, 2015) (precedential)
Ruling:
Affirming the jury's liability verdict and findings that defendants breached their fiduciary duties by failing to exercise reasonable diligence and prudence in their oversight and management of the...
A general release provision in a confirmed chapter 11 plan which explicitly identified the 100% stockholder of the Debtor by name applied to the lender's state court claim on the stockholder's...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 2 months ago
Citation:
2015 WL 249495 (6th Cir. BAP 2015)
Ruling:
Notice of Appeal filed within 164 days of entry of order timely where Order did not constitute "separate judgment" under Rule 58 and Bankruptcy Rule 7058.
