Collett v. Lee Oil Co (In re Collett)

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...
Judge(s):
Emerson, Harrison, Lloyd
Tag(s):

David v. Pham (In re Nguyen)

Citation:
Davis v. Pham, et al., Case No. KS-13-002 (B.A.P 10th Cir. May 9, 2014) (unpublished)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...
Judge(s):
Thurman, Cornish, Mosier
Tag(s):

In re Caribbean Petroleum Corp.

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In re Caribbean Petroleum Corp., Case No. 13-2326 (3d Cir. May 6, 2014) [NOT PRECEDENTIAL]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...
Judge(s):
JORDAN, VANASKIE, and GREENBERG
Tag(s):

Stout v. Marshack (In re Stout)

Citation:
BAP Nos. CC-13-1045-DKiTa and CC-13-1257-DKiTa
Ruling:
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...
Judge(s):
Honorable Dunn, Kirscher, and Taylor
Tag(s):

Gold v. Robbins (In re Rowe)

Citation:
NO. 13-1270, --- F.3d ----, 2014 WL 1663329 (4th Cir. Apr. 28, 2014).
Ruling:
Absent extraordinary circumstances, Chapter 7 trustees must be paid on a commission basis, as required by 11 U.S.C. § 330(a)(7).
Judge(s):
The Honorable Allyson K. Duncan, The Honorable Henry F. Floyd, Circuit Judges, and The Honorable Andre M.Davis, Senior Circuit Judge.
Tag(s):

Septimo v. Farmer (In re Septimo)

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Septimo v. Farmer (In re Septimo), D.C. No. 1:11-cv-00315-DAE-RLP (9th Cir. Apr. 25, 2014) (unpublished)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The Ninth Circuit Court of Appeals, in a ruling marked "Not for Publication," affirmed the District Court for the District of Hawaii's affirmation of the bankruptcy court's order compelling the...
Judge(s):
Hawkins, McKeown, Bea
Tag(s):

C.P. Hall Co. v. Columbia Casualty Co.

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...
Judge(s):
Posner, Flaum, Rovner
Tag(s):

Connery v. Norsworthy

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...
Judge(s):
Davis, Southwick and Higginson
Tag(s):

Tze Wung Consultants, Ltd v. Bank of Baroda (In re Indu Craft, Inc)

Citation:
12-3901-cv
Ruling:
In bankruptcy matters, the 30-day time limit incorporated through Federal Rule of Appellate Procedure 6(b)(1) is a non-jurisdictional claim-processing rule under which an untimely appeal can...
Judge(s):
Hall, Livingston and Droney
Tag(s):

Adelphia Recovery Trust v. Goldman

Citation:
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling:
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the...
Judge(s):
Winter, Walker, Cabranes
Tag(s):

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