In Re: David L. Duckworth, State Bank of Toulon v. Charles E. Covey, Ch. 7 Trustee for David L. Duckworth, Case Nos. 14-1561 and 14-1650 (7th Cir. Nov. 21, 2014) (unpublished)
Ruling:
Parol evidence cannot be used against a bankruptcy trustee to reform a security agreement or to correct the mistaken identification of the debt to be secured. The lender cannot obtain reformation...
Clear error is not demonstrated by pointing to conflicting evidence in the record.
Since no partnership ever existed, Ms. Schardt is not vicariously liable for any of the partnership debts. ...
Summarized by Craig Geno , Law Offices of Geno & Steiskal, PLLC
11 years 6 months ago
Citation:
Harvey Morton, Trustee v. Yonkers, et. al; No. 13-10926
Ruling:
Chapter 11 trustee could not void overriding royalty interests in a gas lease on lands belonging to the Navajo Nation based solely on the fact that the Navajo Nation had not approved the transfers...
BAP No. NC-14-1140-PaJuKu (9th Cir. November 12, 2014)
Ruling:
The unpublished decisions of the Ninth Circuit Bankruptcy Appellate Panel the appeal of the bankruptcy court's order sustaining Deutsche Bank's objection to the Chapter 13 plan and denying...
BAP Nos. NV-13-1330-JuHlPa and NV-13-1338-JuHlPa (October 30, 2014; Not for Publication)
Ruling:
Bankruptcy courts have inherent authority to enter sanctions; however, the bankruptcy court must make a finding of bad faith or willful misconduct. The Ninth Circuit Bankruptcy Appellate Panel...
Greene v. U.S. Dep't of Education, Case No. 13-3257 (7th Cir. Oct. 27, 2014) (unpublished)
Ruling:
The reasons for making some counterclaims compulsory are to prevent harassment by the filing of repeated claims and to avoid duplicative litigation. Stating that any counterclaim that ultimately...
Summarized by Craig Geno , Law Offices of Geno & Steiskal, PLLC
11 years 7 months ago
Citation:
Fifth Circuit; No. 12-20687
Ruling:
In a fraudulent conveyance case, "value" under 11 USC 548(c) is measured by the value that the transferee gave up as its side of the bargain-not the transferor's gain-in determining the "good...
This appeal asks us to reverse a denial of a motion to amend a complaint in a medical malpractice case. We cannot do so, however, because the District Court acted within its discretion when it...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 8 months ago
Citation:
No. 14-35159 (October 9, 2014) (not for publication)
Ruling:
The Ninth Circuit affirmed imposition of civil contempt sanctions for selling property in violation of a court injunction, and dismissed as moot the appeal of the bankruptcy court’s denial of a...
Judge(s):
KOZINSKI, Chief Judge, and PAEZ and BERZON, Circuit Judges.
Bankruptcy courts have equitable authority to modify or vacate compromise stipulations if the factual circumstances warrant the same; however, the bankruptcy court may do so only to the extent no...
