Home » Bankruptcy Process and Procedure

In re Ingram

  • Summarized by James Morgan , Howard & Howard
  • 14 years 3 months ago
Citation:
In re Ingram, ___ B.R. ___ (B.A.P. 6th Cir. 2011)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the "6th Cir. BAP") affirmed a bankruptcy court's dismissal of a chapter 13 bankruptcy case pursuant to 11 U.S.C. § 1307, where the debtor did...
Judge(s):
Boswell, Fulton, and McIvor, Bankruptcy Appellate Panel Judges
Tag(s):

U.S. Bank National Association v. SMF Energy Corp. (In re Interstate Bakeries Corp.)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 14 years 3 months ago
Citation:
Case No. 11-6005 (8th Cir. B.A.P. Nov. 25, 2011)
Ruling:
The court affirmed the ruling of the bankruptcy court. The court found that the bankruptcy court did not abuse its discretion in ruling that the complaint was not barred by Fed. R. Bankr. P. 7004...
Judge(s):
Kressel, Saladino, and Nail
Tag(s):

US v. Oscher (In re J.H. Investment Services, Inc.)

  • Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
  • 14 years 3 months ago
Citation:
IN RE J.H. Investment Services, Inc. United States of America vs. Steven Oscher, Chapter 11 Trustee; 11th United States Court of Appeals N0. 10-15627 (unpublished)
Ruling:
The IRS was not entitled to receive a distribution from a carve out fund set aside for the Debtor's unsecured creditors. The basis for the ruling is that the proof of claim which filed by the IRS...
Judge(s):
Circuit Judges Barkett, Marcus and Cox.
Tag(s):

In re Fort Wayne Telsat, Inc.

  • Summarized by Jason Han , Jason Han Law
  • 14 years 3 months ago
Citation:
No. 11-2112
Ruling:
Judge Posner, writing for the court, held for the trustee. The court found that the trustee had done due diligence in reaching a settlement of $100,000 with Indiana University because the...
Judge(s):
Richard Posner, William Bauer, Diane Wood.
Tag(s):

In re Burrage

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 14 years 4 months ago
Citation:
Case No. 11-8029 File Name 11b0009n.06
Ruling:
The BAP affirmed the Bankruptcy Court for the Northern District of Ohio Order Denying Motion to Reopen Adversary Proceeding and to Reconsider Court's prior Order that a settlement exsited between...
Judge(s):
Boswell, Fulton and Rhodes
Tag(s):

Youkelsone v. FDIC

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 14 years 4 months ago
Citation:
Case No. 1:09-cv-01278 (D.C. Cir. Nov. 8, 2011)
Ruling:
The Court reversed and remanded the district court's sua sponte ruling that Plaintiff lacked standing under Rule 12(b)(1). The Court ruled that Rule 4(a)(5)(C) is a claim-processing rule, not a...
Judge(s):
Tatel, Brown, and Willams
Tag(s):

Lebbos v. Schuette (In re Lebbos)

Citation:
No. 09-15668 / D.C. No. 2:08-cv-01896-FCD (not appropriate for publication and not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
1. The bankruptcy court did not abuse its discretion by awarding chapter 7 trustee costs because Fed. R. Bankr. P. 7054(b) allows the awarding of costs to the prevailing party in an adversary...
Judge(s):
TROTT, GOULD, and RAWLINSON, Circuit Judges.
Tag(s):

In re Resource Technology Corp.

  • Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
  • 14 years 4 months ago
Citation:
No. 10-3948 (7th Cir., October 31, 2011)
Ruling:
In affirming the lower courts' denial of Roti's administrative claim, the Seventh Circuit explained that the emission of foul odors as a result of negligent maintenance of a gas collection and...
Judge(s):
Posner, Flaum, Hamilton
Tag(s):

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