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

Summarizing by Paris Gyparakis

Woolsey v. Citibank, N.A. (In re Woolsey)

Citation:
Woolsey v. Citibank (In re Woolsey), No. 11-4014 (10th Cir. September 4, 2012).
Ruling:
AFFIRMING the District Court, the 10th Circuit held that § 506(d) prevents Chapter 13 debtors from lien stripping and Dewsnup remains the law. However, the holding is limited to application of ...
Judge(s):
Gorsuch, Holmes, and Matheson
Tag(s):

In re Charter Communications, Inc.

Citation:
In re Charter Communications, Inc., --- F.3d ----, 2012 WL 3764706 (2d Cir. Aug. 31, 2012)
Ruling:
• The Circuit Court AFFIRMED the district court on an abuse of discretion review and HELD that the appeals were equitably moot. • The Circuit stated that equitable mootness in the present case...
Judge(s):
Walker, Lynch, Lohier
Tag(s):

Cox v. Villani

Citation:
Cox v. Villani (In re Villani), --- B.R. ----, 2012 WL 3755525 (1st Cir. B.A.P. Aug. 28, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the First Circuit REVERSED the U.S. Bankruptcy Court for the District of Massachusetts. The BAP ruled the Bankruptcy Court erred when it ruled in favor of...
Judge(s):
Haines, Deasy, Tester
Tag(s):

In re DPH Holdings Corp.

Citation:
No. 11-3782-bk (2d Cir. August 29, 2012) (SUMMARY ORDER)
Ruling:
AFFIRMING the decision of the United States District Court for the Southern District of New York, which had affirmed an order of the Bankruptcy Court for the Southern District of New York, the...
Judge(s):
Robert Katzmann, Richard Wesley, Gerald Lynch
Tag(s):

Cage v. Hardy Rawls Enterprises, L.L.C. (In re Moye)

Citation:
5th Cir. Court of Appeal (August 21, 2012) - Case No. 11-20534
Ruling:
AFFIRMING the decision of United States Distrcit court for the Southern District of Texas (Houston) that the Trustee had proved that all but one of the payments in question made by the debtors were...
Judge(s):
Wiener, Elrod and Southwick
Tag(s):

The Cadle Co. v. Andersen (In re Andersen)

Citation:
The Cadle Company v. Andersen, BAP No. MB 11-092 (B.A.P. 1st Cir. Aug. 17, 2012)
Ruling:
The Bankruptcy Appellate Panel of First Circuit affirmed the decision of the bankruptcy court which dismissed the complaint filed by the plaintiff, The Cadle Company, as General Partner of D.A.N....
Judge(s):
Haines
Tag(s):

Richardson v. Schafer (In re Schafer)

Citation:
Sixth Circuit Court of Appeals File Name: 12a0274p.06
Ruling:
AFFIRMING the ruling of the Bankruptcy Court for the Western District of Michigan, the Sixth Circuit Court of Appeals held Michigan's bankruptcy-specific state exemption law was constitutional...
Judge(s):
Cole, Clay and Mattice (District Judge for E.D. Tenn.); Opinion by Cole
Tag(s):

McMaster v. Small (In re Small)

Citation:
Case No. 11-40888, Decided August 16, 2012 (Unpublished)
Ruling:
Chapter 7 Debtor's former spouse's intentionally violated the automatic stay by continuing prosecution of civil contempt claims in state court, in violation of the bankruptcy court’s lift stay...
Judge(s):
Stewart, Elrod and Southwick per curiam.
Tag(s):

Petroleum Enhancer, LLC v. Woodward

Citation:
___ F. 3d. ___ (6th Cir. 2012), Case No. 11-1167 (August 10, 2012)
Ruling:
Sixth Circuit affirms district court dismissal of third-party plaintiff Polar Holding’s tortious interference that was addressed by the district court, but reverses the dismissal of its...
Judge(s):
Martin, Gilman, and White, opinion by Gilman
Tag(s):

CRG Partners Group, L.L.C. v. Neary (In re Pilgrim's Pride Corp.)

Citation:
U.S. Court of Appeals, Fifth Circuit Case No. 11-10744- Not yet published
Ruling:
U.S. Bankruptcy Court, N.D. Texas, Ft. Worth Division ruling granting $1million fee enhancement was affirmed on the basis that the U.S. Supreme Court's decision in Perdue v. Kenny A, 130 S.Ct. 1662...
Judge(s):
Stewart, Elrod and Southwick
Tag(s):

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