Internal Revenue Service v. WorldCom, Inc. (In re WorldCom, Inc.), Second Circuit Court of Appeals Case No. 12-803
Ruling:
In reversing and remanding District Court's affirmance of Bankruptcy Court's granting of Debtors' objection to IRS's proof of claim and Debtors' motion for refund of previously paid taxes, Second...
Judge(s):
A.Kearse, R. Katzmann and J.Rakoff (District Judge sitting by designation)
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
12 years 10 months ago
Citation:
Case No. 12-16371 (11th Cir. July 15, 2013) [Not for Publication]
Ruling:
Chapter 7 Trustee's business judgment to close estate as a "no asset" and not sell or settle Michigan Judgment was within his business judgment under Section 544(a) and District Court deference to...
Francis v. McLaughlin et al. (In re Francis), Case No. AZ-12-1281 (BAP 9th Cir. July 12, 2013)
Ruling:
9th Circuit BAP affirmed in part, also vacating and remanding in part. In reviewing the grant of a motion for summary judgment on a dischargeability suit based upon the preclusive effect of an...
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
12 years 11 months ago
Citation:
2013 WL 3369310 (B.A.P. 9th Cir. July 2, 2013)
Ruling:
Affirming the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel (the “BAP”) held that the bankruptcy court did not abuse its discretion when it declined the debtor’s request for...
Judge(s):
Hon. Randall L. Dunn; Hon. Ralph B. Kirscher; Hon. Jim D. Pappas (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by Hon. Geraldine Mund (Bankruptcy Judge for the Central District of California)
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
12 years 11 months ago
Citation:
B.A.P. No. CC-12-1642 (9th Cir. B.A.P, July 3, 2013) (Not for Publication)
Ruling:
In an unpublished opinion, the Bankruptcy Appellate Panel for the Ninth Circuit affirmed the orders of the Bankruptcy Court for the Central District of California requiring the debtor's Chapter 11...
BAP No. SC-12-1272-BaPaJu; Bk No 10-12794 MM7; Adv. No 10-90473 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP affirmed the Bankruptcy Court's judgment awarding attorney fees and costs to the plaintiff creditor as the prevailing party in a non-dischargeability action against the...
8th Cir. (BAP July 8, 2013 - Appeal from Bankruptcy Court Eastern District of Missouri) - Case No 12-6061
Ruling:
AFFIRMING the bankruptcy court's ruling that a state law exception which allowed the debtor to use a state law exemption for her homestead against a single creditor.
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
12 years 11 months ago
Citation:
Eleventh Circuit Court of Appeals Case Number 12-16032 (will not be published)
Ruling:
The District Court's dismissal of a bankruptcy appeal for failure to timely file and serve an initial brief or otherwise prosecute the appeal was affirmed.
A debtor lacks standing to set aside an order approving a trustee’s settlement of litigation when the debtor does not have a pecuniary interest in the litigation. To establish standing by way of...
ML-CFC 2006-3 Seasons, LLC v. Seasons Partners LLC, Case No. 10-00772 (9th Circ. June 25, 2013) (Not for Publication)
Ruling:
The Ninth Circuit DISMISSED creditor's appeal of confirmation of Debtor's plan as equitably moot because creditor failed to seek a stay pending the appeal. Court also noted that even had a stay...
