Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 6 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...
The Court of Appeals affirmed the Bankruptcy Appellate Panel's ruling. See 8th Cir. R 47 B.
Specifically, the court refused to consider an argument from the trustee indicating the burden of proof...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
14 years 6 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Inc. United States of America vs. Steven Oscher, Chapter 11 Trustee; 11th United States Court of Appeals N0. 10-15627 (unpublished)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 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...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
14 years 6 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...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 7 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...
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...
Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
14 years 7 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...
Summarized by James Morgan , Howard & Howard Attorneys PLLC
14 years 7 months ago
Citation:
Case No. 11-2120 (7th Cir. 2011)
Ruling:
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 7 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
