Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
13 years 11 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.
Summarized by Bonnie Clair , U.S. Bankruptcy Court
13 years 11 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,...
Summarized by James Morgan , Howard & Howard Attorneys PLLC
13 years 11 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WMS Motor Sales v. Reese (In re Reese), Case No. 11-3572 (6th Cir. June 13, 2012) (Not for publication)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...
Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
14 years 2 days 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...
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...
Summarized by Aletheia Allen , New Mexico Court of Appeals
14 years 1 week 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...
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)
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.
U.S. v Powell , Case No.11-4724 (4th Cir. May 16, 2012)
Ruling:
AFFIRMING the District Court, the 4th Circuit Court of Appeals held that the District Court did not commit reversible error by failing to provide the jury with the Defendant's three specific jury...
Judge(s):
Judge Floyd wrote the opinion, in which Judge Shedd & Judge Keenan joined.
Gruber v. Kaplan (In re Kaplan), No. 11-4022 (3d CIr. May 24, 2012)
Ruling:
The Third Circuit Affirmed the District Court‟s order upholding the decision of the Bankruptcy Court denying Appellant's motion under Fed. R. Bankr. P. 8002(c) to extend the time to appeal and...
