Trial court ruled that Spaine, with intent, concealed from the bankruptcy court her claims against Community Contacts, and by so doing she should be judicially estopped from asserting her claim. ...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
11 years 9 months ago
Citation:
Burton v. Infinity Capital Management, et al., Case No. 12-15618 (9th Cir. June 4, 2014)
Ruling:
The Ninth Circuit Court of Appeals affirmed the district court's denial of summary judgment, holding that an attorney who prepared an order to show cause at the request of a judge is not entitled...
Judge(s):
Sidney R. Thomas and Johnnie B. Rawlinson, Ninth Circuit Judges, and Ronald Lee Gilman, Senior Sixth Circuit Judge (sitting by designation).
Summarized by Brian Meldrum , Kaplan Johnson Abate & Bird LLP
11 years 10 months ago
Citation:
Case No. 13-8033; File Name 14b0004n.06
Ruling:
Party's pre-petition initiation of criminal proceedings for criminal theft against debtor, and post-petition cooperation with county attorney, did not constitute violation of automatic stay. Panel...
Davis v. Pham, et al., Case No. KS-13-002 (B.A.P 10th Cir. May 9, 2014) (unpublished)
Ruling:
A transfer by quit claim deed for no consideration of real property in which Debtor holds only bare legal title is not avoidable under § 548 since the conveyance was not a transfer of an interest...
Summarized by Gregory Guest , Dickinson Wright, PLLC
11 years 10 months ago
Citation:
In re Caribbean Petroleum Corp., Case No. 13-2326 (3d Cir. May 6, 2014) [NOT PRECEDENTIAL]
Ruling:
The Bankruptcy Court correctly applied § 502(e)(1)(B) in disallowing a claimant's contingent contribution claims against the debtors. Nothing in the text of § 502(e)(1)(B) suggests that the...
The Ninth Circuit BAP affirmed that Bankruptcy Court’s decision that Delores’ security interest through filing of a UCC-1 financing statement on May 27, 2009 constituted a transfer within 1...
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
11 years 10 months ago
Citation:
Septimo v. Farmer (In re Septimo), D.C. No. 1:11-cv-00315-DAE-RLP (9th Cir. Apr. 25, 2014) (unpublished)
Ruling:
The Ninth Circuit Court of Appeals, in a ruling marked "Not for Publication," affirmed the District Court for the District of Hawaii's affirmation of the bankruptcy court's order compelling the...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
11 years 10 months ago
Citation:
C.P. Hall Co. v. Columbia Cas. Co., No. 13-1306, 2014 WL 1628119 (7th Cir. Apr. 24, 2014).
Ruling:
The Court held that an excess liability insurer lacked standing to object to a settlement between a debtor and one of its primary insurance coverage providers. The Court followed its precedent to...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
11 years 10 months ago
Citation:
Pamela J. Connery/Hazelwood d/b/a Real Estate Innovations, Inc. et al. vs. Norsworthy; in the United States Court of Appeals for the Fifth Circuit
Ruling:
Objections to lack of subject matter jurisdiction abandoned. And, the District Court had authority to reinstate a civil action after the debtor received a bankruptcy discharge [under 11 USC...
