The Seventh Circuit reversed the District Court’s holding regarding Appellants/Defendants’ waiver of arbitration, holding that Appellants had (i) acted consistently with an intent to arbitrate...
Judge(s):
Flaum, Manion, and Sykes, Circuit Judges for the Seventh Circuit
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
14 years 5 months ago
Citation:
Adam Wieckiewicz v. Education Credit Management Corp. (11th Cir. 2011) - Unpublished Opinion
Ruling:
The Bankruptcy Court did not abuse its discretion by dismissing the Debtor's adversary proceeding with prejudice following the Debtor's repeated failure to comply with the Court's orders to apply...
Judge(s):
United States Bankruptcy Judge Robert A. Mark. United States District Judge Federico A. Moreno
United States Circuit Court of Appeals Judges Hull, Pryor and Anderson
Reversed and Remanded. In a very detailed examination of principles of contract interpretation, the Fifth Circuit held lender's ability to collect fees from Chapter 13 estate is governed by loan...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 5 months ago
Citation:
Case No. 11-6018 (B.A.P. 8th Cir., Oct. 12, 2011)
Ruling:
The Bankruptcy Appellate Panel for the 8th Circuit reversed and remanded the bankruptcy court's ruling in favor of the Debtor's parents on a fraudulent transfer action, in which the bankruptcy...
Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
14 years 5 months ago
Citation:
2011 Bankr. LEXIS 3756
Ruling:
State law determines the extent of a bankruptcy trustee's rights under 11 U.S.C. § 544(a)(3). Applying Michigan law, the existence of a recorded rescission of an erroneously executed discharge of...
Judge(s):
Bankruptcy Appellate Panel of the Sixth Circuit, Judges Boswell, Rhodes, Shea-Stonum
Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
14 years 5 months ago
Citation:
No. 11-6040 (B.A.P. 8th Cir. October 5, 2011)
Ruling:
Affirmed. The bankruptcy court implicitly found that Midwest Oil and Yehud were substantially the same entity and has had its day in court four times already. First, because the bankruptcy court...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
14 years 5 months ago
Citation:
In re McCombs, --- F.3d ----, 2011 WL 4553052 (5th Cir. Oct. 4, 2011)
Ruling:
The Fifth Circuit Court of Appeals (the "Circuit Court") ruled that: (1) pursuant to state law, the judgment creditor (H.D. Smith Wholesale Drug Co.) lacked an enforceable lien against the debtor's...
In re Pontell, No. 11-3028 (3d Cir. Sept. 29, 2011) (NOT PRECEDENTIAL)
Ruling:
Third Circuit dismissed Chapter 13 debtors' appeal of order lifting the automatic stay as moot when Bankruptcy Court had already dismissed the bankruptcy case and decision of dismissal went...
Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 5 months ago
Citation:
2011 FED App. 0011P (6th Cir. BAP)
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit Court of Appeals affirmed an order of the Bankruptcy Court for the Eastern District of Kentucky which held that Debtor's motion to assume a...
Judge(s):
Fulton, Harris and Shea-Stonum, with decision written by Hon. Thomas Fulton
