BAP Nos. CC-12-1302 and CC-12-1520 (entered May 14, 2013) (Unpublished)
Ruling:
Bankruptcy Court did not commit reversible error when determining the issue of liability under 11 U.S.C. Sec. 523(a)(2)(A) without a hearing since the Court found sufficient evidence in Complaint's...
Summarized by Samuel Mushell , Americans United for Government Reform
13 years 3 weeks ago
Citation:
BAP NO. PR 12-075
Ruling:
The Bankruptcy Appellate Panel for the First Circuit ("B.A.P.") affirmed the Bankruptcy Court of Puerto Rico's decision to dismiss the debtors' Chapter 13 petition because the debtors did not...
Fisher Island Ltd. v. Fisher Island Invs., Case No. 12-13045 (11th Cir. May 1, 2013) (unpublished).
Ruling:
Affirming the district court, the Eleventh Circuit Court of Appeals held the district court properly dismissed an appeal from the bankruptcy court for lack of standing.
Owens v. GMAC Mortgage, LLC (In re Owens), Case No.12-15142 (11th Cir. April 29, 2013) (unpublished) (per curiam)
Ruling:
If an appellant intends to urge on appeal that a finding or conclusion is unsupported by evidence or is contrary to the evidence, the appellant must include in the record a transcript of all...
Case No. 12-2044 (8th. Cir. Court of Appeals - Western District of Arkansas) (April 26, 2013 - Unpublished)
Ruling:
AFFIRMING the judgment of the bankruptcy court and district court that post-petition payments to creditor-insider was a transfer avoidable by the chapter 7 trustee.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
13 years 1 month ago
Citation:
BAP No. EC-11-1669 (9th Cir. BAP) (entered April 23, 2013)
Ruling:
BAP affirmed dismissal without leave to amend of the Debtor's adversary complaint seeking to enjoin Bank of America from foreclosing on the Debtor's residence. The BAP held that the Debtor lacked...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
13 years 1 month ago
Citation:
In the Matter of Escarent Entities, LP/ Smyth v Simeon Land Development, LLC et.al., Case No. 12-50297 (5th Cir. 2013)UNPUBLISHED
Ruling:
Following In re Gilchrist, 891 F. 2d 559, 560, the Circuit Court affirmed the District Court's holding that the appeal of a sale order of the Bankruptcy Court was moot as Appellant had not obtained...
Judge(s):
DeMoss, Owen and Haynes. Judge Haynes concurred in the judgment only.
9th Cir. BAP Case No. AZ-11-1233RnPaKi; Adv. No. 2:10-ap-0764-RJH
Ruling:
The Ninth Circuit BAP REVERSED the Bankruptcy Court's ruling that the Debtor's student loans were non-dischargeable and REMANDED the case to the Bankruptcy Court for purposes of entering a judgment...
Judge(s):
Hon. Thomas M. Renn (sitting by designation); Hon. Jim D. Pappas; and Hon. Ralph B. Kirscher.
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...
