Affirming the Bankruptcy Appellate Panel, the Tenth Circuit dismissed an appeal by Steven Keyser (“Debtor”) for lack of jurisdiction because his notice of appeal was untimely under Fed. Rul....
Whinery v. U.S. Trustee (In re Lodgebuilder, Inc.), No. 11-15873 (9th Cir. Nov. 21, 2012)
Ruling:
(Not for publication). The Ninth Circuit affirmed the district court's affirmation of the bankruptcy court's decision that the debt of pro se defendants-appellants William Aubrey and Brenda Todd...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 6 months ago
Citation:
Carey v. Charlie Y. Inc (In re Carey). B.R. - (9th Cir. Nov 21, 2012)
Ruling:
(Not for Publication) The Ninth Circuit held the Bankruptcy Appellate Panel ("BAP") decision was not sufficiently final, therefore, the Ninth Circuit dismissed the appeal for lack of jurisdiction....
10th Circuit Court of Appeals (Case No/ 11-1574) Entered - November 21, 2012
Ruling:
AFFIRMATION of the 10th Circuit Bankruptcy Appellate Panel's (BAP) ruling denying debtor, Arthur James Reves, an extension of time to file a notice of appeal.
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
13 years 6 months ago
Citation:
Eleventh Circuit Court of Appeals Case number 12-10601 [not to be published]
Ruling:
The Circuit Court of Appeals affirmed two post-confirmation orders that were entered by the United States Bankruptcy Court for the Southern District of Florida. The orders arose from an...
Judge(s):
Circuit Court Judges Hull and Black, and District Court Judge Whittemore, sitting by designation.
In short, In re Scholz stands for the proposition that annuity income received by a former railroad employee under the Railroad Retirement Act ("RRA") "must be included when calculating [a...
Judge(s):
Bankruptcy Judge Lee presided over the bankruptcy proceedings. The Bankruptcy Court opinion is found at 427 B.R. 864. Judges Markell, Zive, and Jury presided over the BAP appeal. The BAP opinion, authored by Judge Markell, is found at 447 B.R. 887. Ninth Circuit Judges Callahan and Watford, along with District Court Judge Singleton (sitting by designation) sat on the Ninth Circuit Panel. Judge Watford authored the Ninth Circuit's published opinion.
8th Cir. Court of Appeals (Case No 12-1398 - Filed Nov 8, 2012)
Ruling:
REVERSED the District Court's dismissal of quiet-title cause of action, AFFIRMED the dismissal of all the homeowners claims with prejudice, and REMAND for proceedings consistent with decision.
10th Cir. B.A.P. - BAP No. KS - 11-096 (Bankr. Case No 09-12159)
Ruling:
REVERSE lower court's ruling, concluding that the bankruptcy court did not have the authority to award damages to debtors, Jeffrey P Houlik and Charla Houlik, in the amount of $474.86 actual...
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...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 7 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...
