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Peoples v. Radloff (In re Peoples)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 8 months ago
Citation:
No. 12-6065 (B.A.P. 8th Cir. July 2, 2013)
Ruling:
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...
Judge(s):
Kressel, Saladino and Shodeen, Bankruptcy Judges.
Tag(s):

ML-CFC 2006-3 Seasons, LLC v. Seasons Partners LLC (In re Seasons Partners LLC)

  • Summarized by Sevan Gorginian , ArentFox Schiff LLP
  • 12 years 8 months ago
Citation:
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 June 25, 2013) (Not for Publication)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...
Judge(s):
O'Scannlain, Hurwitz, and Piersol
Tag(s):

Ground Improvement Techniques, Inc. v. The Plan Committee (In re Washington Group International, Inc.)

  • Summarized by Jamie Edmonson , Robinson & Cole LLP
  • 12 years 8 months ago
Citation:
D.C. No. 3:10-cv-00785ECR-WGC (June 21, 2013) (not for publication and not precedent except as provided by 9th Cir. R. 36-3).
Ruling:
Affirm ruling of the District Court that section 502(b)(2) does not alter the liability of a non-debtor third party.
Judge(s):
McKEOWN and WATFORD (Circuit Judges), and ZILLY (Senior District Judge, sitting by designation)
Tag(s):

In re DeSouza

  • Summarized by David Baker , Law Office of David G. Baker
  • 12 years 9 months ago
Citation:
BAP No. MW12-091
Ruling:
BAP REVERSED and remanded, holding that post-petition divorce court orders for alimony did not violate the automatic stay in a chapter 13 case, but when the debtor was found in contempt and...
Judge(s):
Deasy, Kornreich and Tester.
Tag(s):

Hansjurgens v. Bailey (In re Bailey)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 12 years 9 months ago
Citation:
Hansjurgens v. Bailey (In re Bailey), Case No. 4:11-cv-00202 (11th Cir. June 11, 2013) (unpublished) (per curiam)
Ruling:
11th Circuit affirmed District Court's dismissal of pro se debtor's appeal, where debtor did not establish "excusable neglect" sufficient to overcome his failure to file a notice of appeal in a...
Judge(s):
Hull, Jordan and Anderson, Circuit Judges.
Tag(s):

Pazdzierz v. First American Title Insurance Co. (In re Pazdzierz)

  • Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
  • 12 years 9 months ago
Citation:
2013 FED App. 0162P (6th Cir.)
Ruling:
Affirming the United States District Court for the Eastern District of Michigan, the Sixth Circuit Court of Appeals held that claims of fraud that are grounded in tangible property rights such as...
Judge(s):
Circuit Judges Boggs and White, Chief District Judge McCalla for the Western District of Tennessee, sitting by designation
Tag(s):

McKenna v. PNC Bank, N.A. (In re McKenna)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 12 years 9 months ago
Citation:
BAP No. WW-12-1443-MkKiJu (9th Cir. BAP) (unpublished) (entered May 28, 2013)
Ruling:
BAP affirmed bankruptcy court order that, notwithstanding series of mergers, creditor had established standing to obtain relief from stay to evict chapter 7 debtors following foreclosure.
Judge(s):
Markell, Kirscher, and Jury
Tag(s):

Sinclair v. Bank of America, N.A. (In re Sinclair)

  • Summarized by Janel Glynn , The Burgess Law Group
  • 12 years 9 months ago
Citation:
Opinion not published.
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP") determined that proceedings to annul the automatic stay after the underlying bankruptcy case is dismissed fall within the ambit of...
Judge(s):
TAYLOR, PAPPAS, and MARKELL.
Tag(s):

Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC)

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 12 years 9 months ago
Citation:
Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC), No. 12-1518, --- F.3d --- (4th Cir. May 24, 2013)
Ruling:
The Fourth Circuit affirmed the district court, first holding that the $161 million in stocks that customers transferred into the Wachovia brokerage accounts before Derivium's stock loan...
Judge(s):
King, Wynn, and Diaz, Circuit Judges
Tag(s):

Grant, Konvalinka & Harrison, PC v. Banks (In re McKenzie)

  • Summarized by Laura Bartell , Wayne State University Law School
  • 12 years 9 months ago
Citation:
Nos. 12-5874/5875/5876
Ruling:
Affirmed order of district court dismissing two adversary complaints filed by debtor's law firm against bankruptcy trustee and lawyers representing trustee alleging malicious prosecution and abuse...
Judge(s):
Martin, Guy & McKeague
Tag(s):

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