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Caviata Attached Homes, LLC v. U.S. Bank, N.A. (In re Caviata Attached Homes, LLC)

  • Summarized by Scott Schwartz , Rust, Armenis & Schwartz
  • 13 years 8 months ago
Citation:
BAP No. NV-11-1620-KiPaD
Ruling:
In AFFIRMING a bankruptcy court's decision dismissing the debtor's filing of a second chapter 11 case, the Bankruptcy Appellate Panel for the Ninth Circuit held that the debtor failed to show an...
Judge(s):
Bankruptcy Appellate Panel Judges PAPPAS, DUNN and KRISCHER.
Tag(s):

In re Creekside Senior Apartments, LP

Citation:
Case No. 11-8072, B.A.P. No. 10-53019 (6th Cir. E.D. Kentucky)
Ruling:
AFFIRMING bankruptcy court's order setting the market value of the Debtors' low-income housing tax credit properties and overruling the Debtors' and General Partners' Valuation Objection and Motion...
Judge(s):
Harris, Preston, and Shea-Stonum.
Tag(s):

American University of the Caribbean, N.V. v. Caritas Healthcare, Inc.

  • Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
  • 13 years 8 months ago
Citation:
In the United States Court of Appeals for the Eleventh Circuit Case Number 10-12836 (not published)
Ruling:
The Eleventh Circuit Court of Appeals made several rulings in affirming the judgment of the District Court. First, the Court held that the unrebutted allegation in the Complaint that payments on a...
Judge(s):
Circuit Judges Edmondson and Barkett and District Court Judge Fuller, sitting by designation.
Tag(s):

In re Griffin Trading Co.

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
  • 13 years 8 months ago
Citation:
--- WL ---, No. 10-3607 (7th Cir. June 25, 2012)
Ruling:
Reversing the decisions of the District Court and Bankruptcy Court below, the Court ruled that the principals of the debtor entity were liable for breach of fiduciary duty not under Illinois law,...
Judge(s):
Easterbrook, Wood, Tinder
Tag(s):

WMS Motor Sales v. Reese (In re Reese)

  • Summarized by James Morgan , Howard & Howard
  • 13 years 9 months ago
Citation:
WMS Motor Sales v. Reese (In re Reese), Case No. 11-3572 (6th Cir. June 13, 2012) (Not for publication)
Ruling:
AFFIRMING the decision of the Bankruptcy Appellate Panel (the “BAP”) of the Sixth Circuit that imposed sanctions against the attorney for a Chapter 7 debtor in the amount of $7,613.85. The...
Judge(s):
MOORE, ROGERS, and GRIFFFIN, Circuit Judges
Tag(s):

Split Vein Coal Co., Inc. v. Gilberton Coal Co., Inc. (In re Split Vein Coal Co., Inc.)

  • Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
  • 13 years 9 months ago
Citation:
Split Vein Company, Inc. v. Gilbert Coal Company, Inc., et al. (In re Split Vein Coal Company, Inc.), Case No. 11-2469 (3d Cir. June 5, 2012)
Ruling:
AFFIRMING order of district court, which affirmed order of the bankruptcy court regarding Pennsylvania state law claim for conversion that had been asserted in the context of a bankruptcy adversary...
Judge(s):
Rendell, Fuentes and Hardiman
Tag(s):

Fabrica de Muebles J.J. Alvarez, Inc. v. Inversiones Mendoza, Inc.

  • Summarized by Lynne Xerras , Holland & Knight LLP
  • 13 years 9 months ago
Citation:
Fabrica de Muebles J.J. Alvarez, Inc. v. Inversiones Mendoza, Inc., Case No. 11-1985 (1st Cir. June 4, 2012)
Ruling:
The First Circuit Court of Appeals held that the United States District Court, District of Puerto Rico, did not abuse its discretion in denying a (non-debtor) plaintiff's motion for reconsideration...
Judge(s):
Lynch, Boudin, Lipez
Tag(s):

Soule v. Willcut (In re Willcut)

  • Summarized by Aletheia Allen , New Mexico Court of Appeals
  • 13 years 9 months ago
Citation:
Soule v. Willcut (In re Willcut), BAP Case No. 11-023 (10th Cir. B.A.P. May 29, 2012)
Ruling:
AFFIRMING the bankruptcy court's order, the 10th Circuit Bankruptcy Appellate Panel held that the phrase "value of an interest in . . . real [ ] property" in Section 522 of the Bankruptcy Code is...
Judge(s):
Nugent, Karlin, and Romero, Bankruptcy Judges.
Tag(s):

Wilcox v. Parker (In re Parker)

Citation:
Wilcox v. Parker (In re Parker), BAP No. NC-11-1566-JuKiJo (9th Cir. BAP May 29, 2012)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit AFFIRMED the bankruptcy court's denial of a motion for summary judgement on judicial estoppel grounds. Before the bankruptcy court, the...
Judge(s):
Hon. Meridith Jury, Hon. Ralph Kirscher, and Hon. Wayne Johnson (Bankruptcy Judge for Central District of California, sitting by designation)
Tag(s):

Banco Bilbao Vizcaya Argentaria Puerto Rico v. Vazquez (In re Vazquez)

Citation:
B.A.P. 1st Cir (Case No 09-01574-BKT)
Ruling:
DISSMISSAL of appeal due to untimeliness and AFFIRMING lower court's denial of creditor's motion for reconsideration of order in connection with a motion to amend.
Judge(s):
US Bankruptcy Appellate Panel Judges, Boroff, Deasy and Bailey.
Tag(s):

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