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Wayne Lyle, et al v. Fulcrum Loan Holdings, LLC, et al

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Woodman v. Concept Construction, LLC (In re Woodman)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 13 years 4 months ago
Citation:
Woodman v. Concept Construction, LLC (In re Woodman); -- F. 3d --; 2012 WL 5259193 (10th Cir. Oct. 25, 2012)
Ruling:
A dismissal of an appeal after docketing must meet the standards of Fed. R. Bankr. P. 8001(c)(2) failing which, such appeal remains pending thereby rendering the filing of a second appeal to the US...
Judge(s):
Lucero, Hartz and O'Brien
Tag(s):

Cohen v. Borgman (In re Borgman)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 13 years 4 months ago
Citation:
In re Borgman, --- F.3d ----, 2012 WL 5201347 (10th Cir. Oct. 23, 2012)
Ruling:
The Tenth Circuit REVERSED the BAP and REINSTATED the orders of the Bankruptcy Court disallowing claimed exemptions of tax refunds. "The amount of a federal tax refund equivalent to the...
Judge(s):
Tymkovich, Ebel, Holmes
Tag(s):

Friendly Finance Service - Eastgate Inc. v. Dorsey (In re Dorsey)

  • Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
  • 13 years 5 months ago
Citation:
5th Cir. La. W.D. No. 3:090-CV-573 UNPUBLISHED
Ruling:
Appeal of denial of Motion to Disqualify BankruptcyJudge Hunter was dismissed as it is not an appealable final order under 28 U.S.C. Section 1291, nor an appealable interlocutory order under 28 USC...
Judge(s):
Jones, Garza and Prado
Tag(s):

Leafty v. Aussie Sonoran Capital, LLC (In re Leafty)

  • Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
  • 13 years 5 months ago
Citation:
Leafty v. Aussie Sonoran Capital, LLC (In re Leafty), Case No. AZ-11-1491-JuBrD (B.A.P. 9th Cir. Oct. 10, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) held that the bankruptcy court did not abuse its discretion when the court dismissed the debtor's second case because she was...
Judge(s):
Hon. Meredith A. Jury; Julia W. Brand and Randall L. Dunn (U.S. Bankruptcy Appellate Panel, Ninth Circuit, J. Brand, Bankruptcy Judge for the Central District of California, sitting by designation). Appeal from a ruling by Hon. Redfield T. Baum (Bankruptcy Court Judge for the District of Arizona)
Tag(s):

Rugiero v. DiNardo (In re Rugiero)

Citation:
6th Cir. Court of Appeals (E.D. Michigan Oct. 10, 2012)
Ruling:
AFFIRMING the lower court's ruling that debtor's attorney fees that arose out of a child-custody dispute is non-dischargeable.
Judge(s):
Sutton, Griffin, and White.
Tag(s):

Liquidators of Lehman Brothers Australia Ltd. v. Lehman Brothers Special Financing Inc. (In re Lehman Brothers Holdings Inc.)

  • Summarized by Janice Grubin , Barclay Damon, LLP
  • 13 years 5 months ago
Citation:
Liquidators of Lehman Brothers Australia LImited, Liquidator, Dante Noteholders v. Lehnman Brothers Special Financing Inc. (in re Lehman Brother Holdings Inc.), ___ F3d ___, ___ WL _______ (2d Cir. Oct. 4, 2012), Case No. 11-2967-cv (LEAD), 11-2992-cv (CON)
Ruling:
The Circuit Court VACATED and REMANDED the judgment of the District Court and REINSTATED the appeal for consideration of the Bankruptcy Court order denying intervention on the merits. Given...
Judge(s):
Jacobs, Chief Judge, and Chin and Droney, Circuit Judges
Tag(s):

Olick v. Kearney (In re Olick)

  • Summarized by George Utlik , Capital One
  • 13 years 5 months ago
Citation:
Olick v. Kearney (In re Olick), No. 12-1147, 2012 WL 4239423 (3d Cir. Sept. 21, 2012) (not precedential)
Ruling:
AFFIRMING three decisions from the United States Bankruptcy Court for the Eastern District of Pennsylvania, the Court of Appeals for the Third Circuit held that: (1) plaintiff-appellant waived...
Judge(s):
Jordan, Hardiman and Aldisert, Third Circuit Judges
Tag(s):

Bates v. Mortgage Electronic Registration System, Inc.

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 13 years 6 months ago
Citation:
Bates v. MERS, No. 11-15894 (9th Circuit, September 17, 2012).
Ruling:
Plaintiff alleged that defendant lenders made false representations under the California False Claims Act ("CFCA") in naming MERS as a beneficiary in recorded mortgage documents in order to avoid...
Judge(s):
Mary M. Schroeder and Consuelo M. Callahan, Circuit Judges, and Edward R. Korman, District Judge.
Tag(s):

Onkyo Europe Electronics GmbH v. Global Technovations Inc. (In re Global Technovations Inc.)

  • Summarized by Michael Coury , Glankler Brown, PLLC
  • 13 years 6 months ago
Citation:
--- F.3d ----, 2012 WL 4017386, C.A.6 (Mich.), September 13, 2012 (NO. 11-1582)
Ruling:
The Sixth Circuit upheld the bankruptcy court's judgment which found that the defendants had received a fraudlent transfer under 11 U.S.C. sec. 544(b) and Florida Uniform Fraudulent Transfer Act...
Judge(s):
Boggs, Norris and Kethledge.
Tag(s):

Lefkowitz v. Michigan Trucking, LLC (In re Gainey Corp.)

Citation:
BAP 6th Cir. (Case No. 11-8038)
Ruling:
AFFIRMING the bankruptcy court's ruling for an order dismissing the Appellant's (the Liquidation Trustee) adversary complaint for failure to state a claim for relief pursuant to Federal Rule of...
Judge(s):
Fulton, McIvor and Shea-Stonum.
Tag(s):

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