Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
13 years 7 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 W.D. No. 3:090-CV-573 UNPUBLISHED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...
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
13 years 8 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)
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
Olick v. Kearney (In re Olick), No. 12-1147, 2012 WL 4239423 (3d Cir. Sept. 21, 2012) (not precedential)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
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
13 years 8 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.
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...
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...
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 ...
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...
