Summarized by Craig Geno , Law Offices of Geno & Steiskal, PLLC
12 years 5 months ago
Citation:
United States Court of Appeals for the Fifth Circuit; No. 12-50462
Ruling:
The bankruptcy court had core jurisdiction over Appellants' claims against an individual defendant but Appellants lacked standing to assert any remaining claims because the claims were transferred...
The bankruputcy court's rulings were AFFIRMED. The BAP held that the bankruptcy court: (i) did not err in dismissing the Debtor's complaint under Fed.R.Civ.P. 12(b)(6); (ii) did not abuse its...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
12 years 5 months ago
Citation:
11th Circuit Court of Appeals Case Number 11-15079 (will be published)
Ruling:
The Court affirmed the District Court's entry of final judgment in favor of the defendants following the dismissal of the liquidating trustee's complaint for failure to state a claim for relief.
Held that the district court did not err in refusing to dismiss the complaint as untimely on the basis that the bankruptcy court's direction to file amended and/or separate claims constituted a de...
The BAP affirmed the bankruptcy court’s decision. The BAP denied the Appellant’s request for Judicial Notice stating that it did not enhance the BAP’s view or otherwise assist in the appeal....
Summarized by Mark Melickian , Raines Feldman Littrell LLP
12 years 5 months ago
Citation:
13-1026
Ruling:
The circuit court affirmed the district court's ruling, but not without comment. The appeal was on several grounds, but this summary focuses on the primary 523(a)(6) analysis, which includes...
Summarized by Craig Geno , Law Offices of Geno & Steiskal, PLLC
12 years 5 months ago
Citation:
In the United States Court of Appeals for the Fifth Circuit No. 13-50154
Ruling:
The statute defining jurisdiction over bankruptcy appeals (28 U.S.C. Section 158), expressly requires that a notice of appeal be filed under the time limit provided in Rule 8002 of the Bankruptcy...
In the unpublished decisions, the Ninth Circuit BAP agreed with the Bankruptcy Court. The BAP ruled that Debtor's subjective motive for transferring Alliance's assets meets Section 523(a)(6)...
Judge(s):
Honorable Kurtz, Ballinger (sitting by designation), and Pappas
The 9th Cir. BAP AFFIRMED the bankruptcy court's judgment denying appellants' motion for new trial and granting judgment in debtors' favor. "[T]he bankruptcy court did not abuse its discretion...
