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IN RE SINGH

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 months ago
Citation:
NC-17-1217-FBTa (9th Circuit, Jun 05,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing adversary proceeding with prejudice. After 9 year campaign opposing foreclosure, Debtor/plaintiff in his 10th bankruptcy...
Judge(s):
Faris, Brand, Taylor
Tag(s):

IN RE MASTRO

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 7 years 9 months ago
Citation:
WW-17-1226-TaSKu (9th Circuit, Jun 05,2018) Published
Case Status:
Reversed and Remanded
Ruling:
9th Cir. BAP held that a bankruptcy court has authority under § 105(a) and Rule 2004 to compel a debtor to sign a "Consent Directive" which directs foreign banks and financial institutions that...
Judge(s):
TAYLOR, SPRAKER, and KURTZ, Bankruptcy Judges
Tag(s):

IN TR SEPEHRY-FARD

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 months ago
Citation:
NC-17-1118-BTaF & NC-17-1123-BTaF (9th Circuit, Jun 05,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. dismissed as moot and affirmed remaining ruling of bankruptcy court (ND Cal.) ruling that automatic stay expired after 30 days for repeat filer, and alternatively granting relief...
Judge(s):
Brand, Taylor, Faris
Tag(s):

IN RE FAGERDALA USA

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 months ago
Citation:
No. 16-35430 (9th Circuit, Jun 04,2018) Published
Case Status:
Reversed and Remanded
Ruling:
9th Cir. reversed district court (D. Or.), which had affirmed bankruptcy court ruling granting chapter 11 debtor's motion to designate claims for bad faith and preclude the claims from being voted...
Judge(s):
Smith, Christen, Hurwitz
Tag(s):

Liberty Towers Realty, LLC v. Richmond Liberty LLC

  • Summarized by Nascine Howell , Seyfarth Shaw LLP
  • 7 years 9 months ago
Citation:
17-2037 (2nd Circuit, May 31,2018) Not Published
Case Status:
Affirmed
Ruling:
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s decision, finding, among other things, that: (i) the debtors-appellants had consented to the derivative...
Judge(s):
The Honorable Rosemary S. Pooler; The Honorable Richard C. Wesley; and The Honorable Raymond J. Lohier
Tag(s):

Fort v. Suntrust Bank (In re International Payment Group, Inc.

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 7 years 9 months ago
Citation:
No. 16-2001: UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT (4th Circuit, May 30,2018) Not Published
Case Status:
Affirmed
Ruling:
Affirmed by unpublished per curiam opinion. "... the Trustee has failed to demonstrate a genuine dispute of material fact on the issue of whether SunTrust owed IPG [the debtor] any...
Judge(s):
Before DUNCAN and AGEE, Circuit Judges, and Leonie M. BRINKEMA, United States District Judge for the Eastern District of Virginia, sitting by designation.
Tag(s):

Franchise Services of N.A., Inc. v. U.S. Trustee

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 months ago
Citation:
No. 18-60093 (5th Circuit, May 22,2018) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed bankruptcy court (SD Miss) on direct appeal of order dismissing chapter 11 case based on failure to obtain shareholder consent for bankruptcy. Federal law does not prevent...
Judge(s):
King, Jones, Graves
Tag(s):

Brown v. Barclay

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 months ago
Citation:
BAP No. SC-17-1068-AKuS (9th Circuit, May 21,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed summary judgment entered by bankruptcy court (SD Cal.) in favor of plaintiff-chapter 7 trustee avoiding debtor's postpetition transfer of inheritance proceeds to his...
Judge(s):
Alston, Kurtz, Spraker
Tag(s):

Minerals Technologies, Inc. v. Novida Corp.

Citation:
BAP No. CO-17-004 and BAP No. CO-17-005 (10th Circuit, May 16,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not err by: (i) approving the separate classification of administrative convenience claims where, among other things, there was already an impaired class that would vote in...
Judge(s):
KARLIN, NUGENT, MOSIER
Tag(s):

In re Melinda Vail Jackson

  • Summarized by Jason Stitt , Keating Muething & Klekamp PLL
  • 7 years 10 months ago
Citation:
17-8006 (6th Circuit, May 11,2018) Published
Case Status:
Dismissed
Ruling:
Bankruptcy Appellate Panel for Sixth Circuit dismissed appeal that was filed 28 days after entry of final order. Panel ruled the time requirements of 28 USC 158(c)(2) are jurisdictional in nature...
Judge(s):
DELK, HUMPHREY, and PRESTON Bankruptcy Appellate Panel Judges
Tag(s):

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