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In re John Doe

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 9 years 2 months ago
Citation:
16-1681 (3rd Circuit, Mar 09,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The court affirmed district court's denial of appellant's request for relief under Rule 59(e), but vacated and remanded to district court to determine whether appellant's Rule 60(b) request was...
Judge(s):
Fisher, Vanaskie, and Krause
Tag(s):

Colby v. Milholland

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 2 months ago
Citation:
BAP CO-16-019 (10th Circuit, Mar 07,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Colo) finding that order limiting discovery was not abuse of discretion given parties' attempt to abuse discovery for attrition purposes....
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

Schoenmann v. Bank of the West (In re Tenderloin Health)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 2 months ago
Citation:
14-17090 (9th Circuit, Mar 07,2017) Published
Case Status:
Reversed
Ruling:
Ninth Circuit holds that courts may entertain hypothetical preference actions within Section 547(b)(5)’s hypothetical liquidation when such an inquiry is factually warranted, supported by...
Judge(s):
A. WALLACE TASHIMA and MILAN D.SMITH, JR., Circuit Judges, and EDWARD R. KORMAN, District Judge, sitting by designation.
Tag(s):

Above-All Transportation, Inc. v. Fraher

Citation:
BAP NO. MB 16-026 (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
The Panel Affirms the bankruptcy court's ruling in favor of Shannon Fraher on the count brought under 1 U.S.C. 523(a)(2)(A).
Judge(s):
Deasy, Tester and Finkle
Tag(s):

Diwan, L.L.C. v. Maha-Vishnu Corp. (In re Diwan, L.L.C.)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 months ago
Citation:
No. 16-1317 (8th Circuit, Nov 16,2017) Published
Case Status:
Affirmed
Ruling:
Eighth Circuit affirmed district court (S.D. Iowa), which affirmed bankruptcy court orders denying confirmation and dismissing chapter 11 case. Debtor's plan subordinating secured claim to sole...
Judge(s):
Colloton, Beam, Gruender
Tag(s):

Lunsford, Sr. v. Process Technologies Services, LLC (In re Lunsford, Sr.)

Citation:
16-11578 (11th Circuit, Feb 15,2017) Published
Case Status:
Affirmed
Ruling:
The Eleventh Circuit held that the bankruptcy court made a finding of fact that the debtor violated state securities laws based on a state court judgment confirming an arbitration award entered...
Judge(s):
Pryor and Rosenbaum, Circuit Judges, and Ungaro, District Judge
Tag(s):

Wharton v. Schwartzer (In re Wharton)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 months ago
Citation:
BAP No. NV-16-1218-JuFY (9th Circuit, Feb 13,2017) Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (D. Nev.) order granting chapter 7 trustee's motion for turnover of a vehicle, notwithstanding debtors' claim of exemption. The...
Judge(s):
Jury, Fairs, Yun
Tag(s):

Schwab Industries, Inc. v. Huntington National Bank

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 9 years 3 months ago
Citation:
16-3790 (6th Circuit, Feb 13,2017) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the District Court's dismissal of Schwab's appeal as untimely where the notice of appeal was filed two days after the statutory deadline for a bankruptcy appeal expired.
Judge(s):
Boggs, Siler and Donald, opinion by Siler
Tag(s):

Cox v. Nostaw, Inc. (In re Central Ill. Energy Coop.)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 months ago
Citation:
No. 16-1389 (7th Circuit, Feb 08,2017) Published
Case Status:
Dismissed
Ruling:
In five paragraph order, 7th Circuit dismissed appeal and remanded on motion of appellant, after parties agreed to terms of settlement following mediation. Appellant filed motion to dismiss appeal...
Judge(s):
Ripple
Tag(s):

Mack v. ResCap Borrower Claims Trust, case no. 16-304-bk (2nd Cir. 2017) (summary order)

  • Summarized by Jin Kim , Allen & Overy LLP
  • 9 years 3 months ago
Citation:
16-304-bk (2nd Circuit, Jan 31,2017) Published
Case Status:
Affirmed
Ruling:
The 2nd Cir. (a) held that res judicata, based on FL law, barred claim against bankrupt trust for malicious prosecution by loan servicer relating to the trust where plaintiff had previously won...
Judge(s):
Circuit Judges Ralph K. Winter, Jose A. Cabranes and Gerard E. Lynch
Tag(s):

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