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Wayne Lyle, et al v. Fulcrum Loan Holdings, LLC, et al

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Goldstein v. Stahl (In re Goldstein)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 2 weeks ago
Citation:
9th Cir. BAP Case No. CC-14-1346-TaDPa (March 3, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel determined, as a matter of law, that the claims commenced post-petition accrued pre-petition; therefore, the claims were property of the estate. The...
Judge(s):
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
Tag(s):

SCH Corp. v. CFI Class Action Claimants

  • Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
  • 11 years 2 weeks ago
Citation:
In re SCH Corp., No. 14-2888, 2015 WL 756552 (3d Cir. Feb. 24, 2015)
Ruling:
The Third Circuit ruled that a purported settlement negotiated by the Responsible Officer with the plan funder, which added three years to a five-year plan (effectively making it an eight-year...
Judge(s):
This case was heard before Circuit Judges Cowen, Vanaskie, and Greenberg. The Opinion was authored by Judge Cowen. It was noted that this is not an opinion of the full court and pursuant to I.O.P. 5.7, does not constitute binding precedent.
Tag(s):

Kelly v. Sallie Mae, Inc.

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 2 weeks ago
Citation:
2:11-cv-01263-RSL (9th CA February 27, 2015) Not for Publication
Ruling:
The Ninth Circuit Court of Appeals reversed and remanded to the District Court with instructions to reinstate the partial discharge ordered by the bankruptcy court. The bankruptcy court's judgment...
Judge(s):
BEA and MURGUIA, Circuit Judges, and KOBAYASHI, District Judge.
Tag(s):

JP Morgan Chase Bank v. Winget

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 11 years 3 weeks ago
Citation:
File 15a0140n.06 (Case Nos. 14-1158,1172,1276) (Not recommended for publication)
Ruling:
In a case arising out of the commercial law dispute between lender and borrowers over the terms of a guaranty, the Sixth Circuit reversed the district court's decision to reform a guaranty and...
Judge(s):
Chief Judge Cole, Circuit Judge Griffin and District Judge Carr sitting by designation.
Tag(s):

Sazegar v. Jadidolahi (In re Sazegar)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 3 weeks ago
Citation:
CC-14-1188-TaDPa (9th Cir. BAP February 19, 2015)
Ruling:
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court. Rule 7004(b)(9) Fed.R.Bankr.P. provides that service of a motion for stay...
Judge(s):
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
Tag(s):

In re Royal Manor Management

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 11 years 1 month ago
Citation:
15 FED App. 0002P; Docket Nos. 13-8054; 14-8018
Ruling:
The Bankruptcy Appellate Panel (BAP) affirms the Bankruptcy Court for the Northern District of Ohio, which a) imposed sanctions of $207,004 against a creditor's counsel; b) denied a motion to...
Judge(s):
Harrison, Humphrey and Preston; opinion by Humphrey
Tag(s):

Andrews v. McCarron

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 11 years 1 month ago
Citation:
No. 14-1422-bk (2nd Cir. February 11, 2015) (Summary Order)
Ruling:
In Summary Order, with no precedential effect, the Court held that individual debtors were collaterally estopped in the context of non-dischargeablity litigation in bankruptcy from relitigating...
Judge(s):
Barrington D. Parker, Peter W. Hall, and Debra Ann Livingston, Circuit Judges
Tag(s):

Hotel 71 Mezz Lender LLC v. The National Retirement Fund

  • 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...
Judge(s):
Rovner, Bauer, Tinder
Tag(s):

Faden v. Segal (In re Segal)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 1 month ago
Citation:
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...
Judge(s):
KURTZ, PAPPAS and TAYLOR, Bankruptcy Judges
Tag(s):

Dow Corning Corp. v. Claimants' Advisory Committee (In re Settlement Facility Dow Corning Trust)

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 11 years 1 month ago
Citation:
File Name:15a0080n.06; Sixth Circuit Court of Appeals Case No. 14-1090
Ruling:
The Sixth Circuit reversed the district court's judgment with respect to its rulings that (1) "adequate assurance" is the proper standard for assessing the availability of funds under Section 7.03...
Judge(s):
Circuit Judges Boggs and Cook; and District Court Judge Quist, by designation
Tag(s):

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