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

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State of California Employment Development Dept. v. Hansen (In re Hansen)

  • Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
  • 13 years 11 months ago
Citation:
State of California Employment Development Dept. v. Hansen (In re Hansen), --B.R.-- (9th Cir. B.A.P. April 18, 2012)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel held that unemployment taxes assessed by the State of California's Employment Development Department do not constitute priority taxes under Bankruptcy...
Judge(s):
Markell, Pappas and Dunn, Bankruptcy Judges.
Tag(s):

[UPDATED] Guay v. Burack

  • Summarized by Guy Moss ,
  • 13 years 11 months ago
Citation:
Guay v. Burack, United States Court of Appeals for the First Circuit, No. 10-2513, April 19, 2012
Ruling:
Applying an abuse of discretion standard, the Court affirmed the dismissal of a civil action based on judicial estoppel when the plaintiffs had failed to amend their bankruptcy Schedules officially...
Judge(s):
Boudin, Selya and Lipez
Tag(s):

In re Lee

  • Summarized by Laura Bartell , Wayne State University Law School
  • 13 years 11 months ago
Citation:
2012 Fed. App. 0004P (6th Cir. BAP Apr. 18, 2012)
Ruling:
Appellant had standing to bring motion to dismiss for abuse; bankruptcy court did not abuse its discretion in dismissing debtor's case under section 1112(b); bankruptcy court did not abuse its...
Judge(s):
Emerson, Fulton, Shea-Stonum
Tag(s):

Mallory v. Heitkamp (In re Mallory)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 13 years 11 months ago
Citation:
No. 11-20192 (5th Cir. April 16, 2012) [Not for Publication]
Ruling:
Affirming the District Court affirmance of the dismissal of Joel Donald Mallory, Jr.’s (“Mr. Mallory”) chapter 13 bankruptcy petition, the Fifth Circuit found that the Bankruptcy Court did...
Judge(s):
Garza, Southwick, and Haynes, Circuit Judges.
Tag(s):

Cockhren v. MidWestOne Bank (In re Cockhren)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 13 years 11 months ago
Citation:
Cockhren v. MidWestOne Bank, Case No. 11-6067 (8th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (the “8th Circuit B.A.P.”) affirmed the decision of the U.S. Bankruptcy Court for the Northern District of Iowa (the “Bankruptcy...
Judge(s):
Schermer, Federman, Venters
Tag(s):

Peterson v. McGladrey & Pullen, LLP (In re Lancelot Investors Funds, L.P., et al.)

  • Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
  • 13 years 11 months ago
Citation:
Case No. 10-3770 (7th Circuit); Decided April 3, 2012
Ruling:
Order by U.S. District Court for N.D. Ill. dismissing Trustee's negligence claim against debtors' former auditor (for failure to discover a Ponzi scheme involving the debtors) is reversed and case...
Judge(s):
Easterbrook, Chief Judge, Bauer and Sykes, Circuit Judges. Opinion by Easterbrook.
Tag(s):

In re Calloway

  • Summarized by James Morgan , Howard & Howard
  • 13 years 11 months ago
Citation:
In re Calloway, ___ B.R. ___ (B.A.P. 6th Cir. 2012)(unpublished)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed the bankruptcy court’s order denying the Chapter 13 co-debtors’ motion seeking relief from the order...
Judge(s):
Fulton, Harris, and Shea-Stonum, Bankruptcy Appellate Panel Judges
Tag(s):

Berliner v. Pappalardo (In re Puffer)

  • Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
  • 13 years 12 months ago
Citation:
(No. 11-1831) (March 22, 2012)
Ruling:
In a matter of first impression at the circuit level, the First Circuit held that a chapter 13 petition and a "fee-only" plan, under which the debtor proposes to pay essentially only the debtor's...
Judge(s):
Selya (author); Souter; Lipez (concurring in judgment); Lipez (concurring opinion)
Tag(s):

Berliner v. Pappalardo (In re Sullivan)

  • Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
  • 13 years 12 months ago
Citation:
(Docket No. 11-1830; March 21, 2012)
Ruling:
In affirming the lodestar approach for awarding joint debtors' counsel's fees in a chapter 13 case under Section 330, the First Circuit held that (1) the bankruptcy court, after finding that...
Judge(s):
Selya (author), Souter, Lipez
Tag(s):

Cantu v. International Bank of Commerce (In re Cantu)

  • Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
  • 13 years 12 months ago
Citation:
Cantu v International Bank of Commerce (In re Cantu) (5th Cir. S.D. Tex. Mar. 2012)(unpublished)
Ruling:
Section 348(d) did not transform a lien on the Debtor's post-petition receivables, arising from a settlement approved by the Bankruptcy Court prior to conversion, into one treated as existing...
Judge(s):
Higginbotham, Davis and Elrod (Per Curiam)
Tag(s):

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