Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
12 years 6 months ago
Citation:
RSM Richter, Inc., as Trustee for Aleris Aluminum Canada, L.P. v. Behr America, Inc., Case No. 12-2429 (6th Cir. September 5, 2013)
Ruling:
In an opinion recommended for publication, the Sixth Circuit reversed the district court’s order denying the debtor’s motion to reopen the debtor’s district court case against a customer, and...
The opinion is marked "Not Precedential".
Third Circuit Court of Appeals affirmed the bankruptcy and district courts holdings that law firm hired as special counsel to chapter 11 debtors was...
Judge(s):
Circuit Judges: Jordan, Vanaskie, Rakoff (designation)
District Court - Katharine S. Hayden
Papas v. Buchwald Cappital Advisors, et al. (In re Greektown Holdings, LLC.), Case No. 12-2434 (6th Cir. Aug. 26, 2013)
Ruling:
The Court must consider three issues when determining whether to enter a bar order. First, the court must determine it has jurisdiction to enter such an order; second, the court must determine...
Judge(s):
Boggs and McKeague, Circuit Judges, and Beckwith, Senior District Judge sitting by designation.
The Seventh Circuit Court of Appeals reversed and remanded the District Court’s ruling, which had affirmed the Bankruptcy Court’s entry of default judgment on a state law alter-ego claim, in...
In the unpublished decision; the 9th Cir. BAP vacated the Bankruptcy Court's ruling that LBS's debt was not excepted from discharge pursuant to 11 U.S.C. Sec. 523(a)(6). The BAP remanded the...
Hassan Imports Partnership, et al. v. City of West Covina, et al (In re Hassan Imports Partnership), CC-13-1019 (BAP 9th Cir. August 19, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit ("9th Cir BAP") affirmed (a) an order of the bankruptcy court granting the motion of appellees to convert Debtor's case from chapter 11 to...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 7 months ago
Citation:
In re: American Bank FSB, 6th Cir Court of Appeals, No. 12-6349, (August 16, 2013)
Ruling:
In an opinion recommended for full text publication, the 6th Circuit Court of Appeals affirmed the ruling by the district court, that, in regards to the competing secured claims by American Bank...
Judge(s):
Circuit Court Judges: GIBBONS, SUTTON and KETHLEDGE
Washington Group International, Inc. v. The United States of America (In re Washington Group International, Inc. et al.) BAP No. NV-12-1572-DKiCo
Ruling:
In the unpublished ruling, the 9th Circuit BAP affirmed Hon. Gregg W. Zive’s application of the 9th Circuit precedent as set forth in In re Cal. Dep’t of Health Svcs. V. Jensen (In re Jensen),...
Judge(s):
Dunn, Kirscher, and Collins (Hon. Daniel P. Collins sitting by designation)
The BAP REVERSED the bankruptcy court’s judgment under Counts I and II, REMANDED for the entry of a judgment against the Trustee on those counts, VACATED the bankruptcy court's judgment...
Judge(s):
Appeal from the USBC-Maine (Honorable James B. Haines, Jr.) before US BAP for 1st Circuit, Judges Boroff, Deasy and Tester.
In re Gary E. Peel, No. 13-1547 (7th Cir. Aug. 2, 2013).
Ruling:
1) A non-lawyer can sign and file bankruptcy documents under Illinois law, since those tasks do not require legal knowledge or skill. 2) An ex-wife's claim to divorce settlement agreement...
