Home » Bankruptcy Process and Procedure

Velazquez v. Countrywide Home Loans Servicing, L.P.

  • Summarized by John Jones , N/a
  • 14 years 7 months ago
Citation:
Case No. 10-20609 (5th Cir. October 17, 2011)
Ruling:
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...
Judge(s):
King, Davis and Garza, Circuit Judges
Tag(s):

Sullivan v. Welsh (In re Lumbar)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 14 years 8 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...
Judge(s):
Federman, Venters, and Saladino
Tag(s):

Richardson v. Citimortgage, Inc. (In re Emerson)

  • Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
  • 14 years 8 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
Tag(s):

Yehud-Monosson USA, Inc. v. Fokkena (In re Yehud-Monosson USA, Inc.)

  • Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
  • 14 years 8 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...
Judge(s):
Venters, Federman, Saladino
Tag(s):

Smith v. HD Smith Wholesale Drug Co. (In re McCombs)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 14 years 8 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...
Judge(s):
Owen, Haynes
Tag(s):

Cousins Properties, Inc. v. Treasure Isles HC, Inc. (In re Treasure Isles HC, Inc.)

  • Summarized by Dean Langdon , Gartland Thacker DelCotto PLLC
  • 14 years 8 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
Tag(s):

Heide v. Juve (In re Juve)

Citation:
In re Juve, Case No.: 11-6006 (8th Cir. BAP 2011)
Ruling:
Reversed and remand to bankruptcy court of summary judgment in favor of plaintiff where there existed genuine issues of material fact in respect to (1) whether the financing arrangement should be...
Judge(s):
Hon. Barry S Schermer, Hon. Arthur B. Federman and Hon. Charles L. Nail
Tag(s):

Keeley and Grabanski Land Partnership v. Keeley (In re Keeley and Grabanski Land Partnership)

Citation:
No. 11-6020 (8th Cir. B.A.P. September 6, 2011).
Ruling:
The Eighth Circuit BAP affirmed the appointment of a chapter 11 trustee in the involuntary bankruptcy case of a partnership based on numerous allegations of misconduct and and fraudulent behavior...
Judge(s):
Federman, Schermer and Nail
Tag(s):

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