Summarized by Brian Meldrum , Kaplan Johnson Abate & Bird LLP
12 years 2 weeks 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Davis v. Pham, et al., Case No. KS-13-002 (B.A.P 10th Cir. May 9, 2014) (unpublished)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
12 years 1 month 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In re Caribbean Petroleum Corp., Case No. 13-2326 (3d Cir. May 6, 2014) [NOT PRECEDENTIAL]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
12 years 1 month 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Septimo v. Farmer (In re Septimo), D.C. No. 1:11-cv-00315-DAE-RLP (9th Cir. Apr. 25, 2014) (unpublished)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The Ninth Circuit Court of Appeals, in a ruling marked "Not for Publication," affirmed the District Court for the District of Hawaii's affirmation of the bankruptcy court's order compelling the...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
12 years 1 month 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 Geno & Steiskal, PLLC
12 years 1 month 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...
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...