Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
13 years 1 month 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9th Cir. BAP, April 11, 2013 (BAP No. CC-12-1513-KiPaTa) (unpublished)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.
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
13 years 1 month 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 BAP No. CC-12-1303-TaMoMk (Not for Publication) (9th Cir. BAP 2013.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...
Summarized by George Spathis , Horwood Marcus & Berk Chartered
13 years 1 month 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
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...
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...
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In an unpublished opinion, the Ninth Circuit BAP held (1) the Bankruptcy Court’s determination that Rabkin is not a non-statutory insider is AFFIRMED.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
Summarized by Craig Geno , Law Offices of Geno & Steiskal, PLLC
13 years 2 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...
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...
Summarized by Eric Madden , Reid Collins & Tsai LLP
13 years 2 months ago
Citation:
Schoppe v. Comm'r of Internal Revenue, No. 12-9010, slip op. (10th Cir. Mar. 28, 2013)
Ruling:
The Tenth Circuit ruled that the automatic stay under 11 U.S.C. § 362(a)(1) does not apply to a proceeding commenced by the debtor-taxpayer’s petition filed in Tax Court, including any appeal...
Judge(s):
The panel consisted of Judges O'Brien, McKay, and Baldock. Judge McKay authored the opinion for the Court.
Reversal of the bankruptcy court's ruling in favor of the Chapter 7 trustee stating that (1) there was no transfer of funds under Section 549 or 550 to the debtor, (2) the trustee failed to show...
