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Thomas v. Bender (In re Thomas)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 12 years 11 months ago
Citation:
William Arthur Thomas, III v. Theresa M. Bender (In re Thomas); Case No.: 12-13936 (11th Cir. Apr. 16, 2013)(unpublished)(per curiam)
Ruling:
The Eleventh Circuit found no reversible error in lower court's holding that proceeds from a post-petition real estate sale arising from a pre-petition option contract constituted property of the...
Judge(s):
HULL, JORDAN, and EDMONDSON, Circuit Judges
Tag(s):

Hernandez v. Hopper (In re Hernandez)

Citation:
9th Cir. (Bankruptcy Appellate Panel) April 11, 2013 Case No. EC-12-1537-DJuMk (NOT FOR PUBLICATION).
Ruling:
AFFIRMING the bankruptcy court's order which sustained the chapter 7 trustee's objection to debtors' claim of exemptions.
Judge(s):
Dunn, Jury and Markell.
Tag(s):

Daff v. Wallace (In re Cass)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 12 years 11 months ago
Citation:
9th Cir. BAP, April 11, 2013 (BAP No. CC-12-1513-KiPaTa) (unpublished)
Ruling:
Chapter 7 Trustee, who avoided fraudulent transfer of the Debtor's Residence, took property subject to judgment lien, even though at the time the abstract of judgment was recorded, the Debtor had...
Judge(s):
Kirscher, Pappas, and Taylor affirmed the judgment of Robert Kwan.
Tag(s):

Meruelo v. Meruelo Maddux Properties, Inc. (In re Meruelo Maddux Properties, Inc.)

  • Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
  • 12 years 11 months ago
Citation:
Merulo v. Merulo Maddux Properties, Inc., et al. (In re Merulo Maddux Properties, Inc., et al.) BAP No. CC-12-1303-TaMoMk (Not for Publication) (9th Cir. BAP 2013.
Ruling:
Affirming the bankruptcy court’s disallowance of appellant Belinda Merulo’s (“Belinda”) claim under 11 U.S.C. § 502(b)(1), the Ninth Circuit Bankruptcy Appellate Panel (the “BAP”) held...
Judge(s):
Taylor, Montali and Markell
Tag(s):

Krieger v. Educational Credit Management Corp.

  • Summarized by George Spathis , Horwood Marcus & Berk Chartered
  • 12 years 11 months ago
Citation:
No. 12-3592 (7th Cir. April 10, 2013)
Ruling:
The Seventh Court held that the bankruptcy court did not abuse its discretion in discharging debtor's student loan obligation under Section 523(a)(8) of the Bankruptcy Code. The panel was divided...
Judge(s):
Easterbrook, Chief Judge, and Manion and Rovner, Circuit Judges
Tag(s):

El Camino Resources Ltd. v. Huntington National Bank

  • Summarized by Nicholas Miller , McDonald Hopkins LLC
  • 12 years 11 months ago
Citation:
Case No.12-1254
Ruling:
The Sixth Circuit affirmed the district court's order of summary judgment in favor of Huntington National Bank, holding that (i) the plaintiffs could not establish the requisite level of knowledge...
Judge(s):
Siler, Sutton and McKeague
Tag(s):

Teed v. Thomas & Betts Power Solutions, L.L.C.

Citation:
Nos. 12-2440, 12-3029 (7th Cir. March 26, 2013)
Ruling:
Successor liability is appropriate in suits to enforce federal labor or employment laws-even when the successor disclaimed liability when it acquired the assets, unless there is a good reason to...
Judge(s):
Posner, Flaum, Williams
Tag(s):

The Village at Lakeridge, LLC v. U.S. Bank National Association (In re The Village at Lakeridge, LLC)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 11 months ago
Citation:
BAP Nos. NV-12-1456-PaKiTa and NV-12-1474-PaKiTa (Cross-appeals)
Ruling:
In an unpublished opinion, the Ninth Circuit BAP held (1) the Bankruptcy Court’s determination that Rabkin is not a non-statutory insider is AFFIRMED. The Panel based its ruling by weighing the...
Judge(s):
Hon. Jim D. Pappas; Hon. Ralph B. Kirscher; and Hon. Laura S. Taylor
Tag(s):

First National Bank v. Crescent Electric Supply Co. (In re Renaissance Hospital Grand Prairie Inc.)

  • Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
  • 12 years 11 months ago
Citation:
Case Number 12-10386 Fifth Circuit Court of Appeals
Ruling:
The 5th Circuit upheld the District Court's reversal of the Bankruptcy Court's decision in a lien priority dispute between material suppliers/mechanics lien claimants and secured creditors, placing...
Judge(s):
Stewart, Davis and Clement
Tag(s):

Arroyo v. Scotiabank de Puerto Rico (In re Arroyo)

  • Summarized by William Amann , Amann Burnett, PLLC
  • 12 years 11 months ago
Citation:
BAP No. PR 12-045
Ruling:
Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the...
Judge(s):
Haines, Feeney and Hoffman
Tag(s):

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