Home » Bankruptcy Process and Procedure

Allen v. Rainsdon (In re Allen)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 12 years 5 months ago
Citation:
BAP No. ID-13-1107-JuKiKu (unpublished) (Dec. 9, 2013)
Ruling:
BAP affirmed approval of compromise under FRBP 9019 between Chapter 7 Trustee and Secured Creditor in the amount of $550,000, holding that the bankruptcy court's findings that the settlement was...
Judge(s):
JURY, KIRSCHER, and KURTZ
Tag(s):

Mercado v. Combined Investments, LLC

  • Summarized by Lynne Xerras , Holland & Knight LLP
  • 12 years 6 months ago
Citation:
United States Bankruptcy Appellate Panel for the First Circuit, Case No. MB-13021
Ruling:
The First Circuit Bankruptcy Appellate Panel ("BAP") reversed an order of the U.S. Bankruptcy Court, District of Massachusetts (J. Hillman) granting a secured creditor's motion for relief from stay...
Judge(s):
Deasy, Cában, and Finkle
Tag(s):

In re James G.Herman; Appeal of John P. Miller

  • Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
  • 12 years 6 months ago
Citation:
In re James G.Herman, Case No. 13-1186 (7th Cir. Nov. 26, 2013)
Ruling:
Timely and proper notice of the commencement of the debtor's bankruptcy case to an attorney who was representing a creditor with respect to the creditor's claims against the debtor can be imputed...
Judge(s):
Wood, Chief Judge, Bauer and Flaum, Circuit Judges
Tag(s):

Mele v. Mele (In re John Peter Mele)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 6 months ago
Citation:
9th Cir. BAP Case No. WW-13-1173-DTaKU
Ruling:
The Ninth Circuit BAP reversed the Bankruptcy Court’s ruling in the Western District of Washington. The BAP held that the Bankruptcy Court erred as a matter of law in determined that Washington...
Judge(s):
Dunn, Taylor, and Kurtz
Tag(s):

BP RE, L.P. v. RML Waxahachie Dodge, L.L.C.

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan
  • 12 years 6 months ago
Citation:
No. 12-51270, Consolidated with No. 12-51279
Ruling:
Adopting the Sixth Circuit's reasoning in Waldman v. Stone, 689 F.3d 910, 919 (6th Cir. 2012), cert. denied, 133 S. Ct. 1604 (2013), the Fifth Circuit ruled that bankruptcy courts are...
Judge(s):
Before SMITH, GARZA, and SOUTHWICK, Circuit Judges.
Tag(s):

Davin v. Johnson (In re Calderon)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 7 months ago
Citation:
BAP Case No. EC-13-1010-JuKiPa (October 28, 2013)
Ruling:
In the unpublished decision, the BAP affirmed the bankruptcy court’s order denying his motion for leave to file a late proof of claim (POC) and a complaint for 11 U.S.C. § 523...
Judge(s):
Hon. JURY, KIRSCHER, and PAPPAS.
Tag(s):

McCarthy v. Brevik Law (In re McCarthy)

Citation:
8th Cir. BAP (October 28, 2013) - Case No. 13-6042
Ruling:
REMAND by the BAP to the bankruptcy court for dismissal of the adversary proceeding for further proceedings consistent with the BAP opinion.
Judge(s):
Federman, Schermer and Saladino.
Tag(s):

Route 21 Assoc. of Belleville, LLC v. Millennuim Custodial Trust (In re Lyondell Chemical Company)

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 12 years 7 months ago
Citation:
In re Lyondell Chemical Co. --- Fed.Appx. ----, 2013 WL 5733196 C.A.2 (N.Y.),2013.
Ruling:
This Summary Order’s terms render it of no precedential value. Nevertheless, all information is instructive. The Summary Order adopted the District Court’s decision which denied a purchaser...
Judge(s):
ROSEMARY S. POOLER, GERARD E. LYNCH, CHRISTOPHER F. DRONEY,
Tag(s):

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