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...
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...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
11 years 11 months ago
Citation:
Collins v. Ebert, et al (In re: Maranatha Construction Co.), No. 13-11027 (5th Cir. April 2014).
Ruling:
The Fifth Circuit, in an unpublished opinion, affirmed the district court’s decision finding veil-piercing claims to be property of the Estate under 11 U.S.C. § 541(a)(1) and properly pursued by...
Judge(s):
Jerry E. Smith; Fortunato P. Benavides; and Edith Brown Clement
Palladino v. E&B Natural Resources Management Corp. (In re South Coast Oil Corporation), No. 12-56403 (9th Cir. Mar. 2014)
Ruling:
The Ninth Circuit, in a not for publication decision, denied the appellant's appeal of the district court's dismissal of his appeal of the bankruptcy court's order authorizing the Chapter 11...
The Sixth Circuit BAP dismissed the appeal by a Chapter 7 Debtor of an order granting relief from the automatic stay ("Order") to a first mortgagee (whose mortgage debt was greatly in excess of the...
Judge(s):
Joan A. LLoyd (author) with other BAP Judges Emerson and Harrison
Frates v. Wells Fargo Bank, N.A., Case No. NC-13-1366-JuKiD (B.A.P. 9th Cir. 2013) (published)
Ruling:
The Debtors satisfied procedural due process requirements by serving their motion and notice of motion to avoid the judicial lien of Wells Fargo in accordance with the Federal Rules of Bankruptcy...
In the published opinion, the 9th Circuit BAP affirmed the bankruptcy court decision, the bonus was not property of the re-converted Chapter 7 estate. The BAP determined that 11 U.S.C. Sec. 1115...
Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).
Ruling:
Appellate Panel of 10th Circuit holds that secured creditor is "adequately protected" under Section 363(e) when the value of property securing creditor's claim exceeds the creditor's claim by a...
