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Lil' Joe Records, Inc. v. Christopher Won, Jr., et al

Summarizing by Bradley Pearce

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WBCMT 2007 C33 Office 9720, L.L.C.

  • Summarized by J. Newman , Newman & Newman
  • 9 years 5 months ago
Citation:
No. 15-20086 (5th Circuit, Dec 22,2016) Published
Case Status:
Reversed and Rendered
Ruling:

NNN Realty’s interpretation of “Borrower” as limited to all borrowing entities collectively creates various absurdities throughout the Guaranty—so much so that the interpretation...

Judge(s):
JONES, DENNIS, and PRADO
Tag(s):

Aventine Renewable Energy, Inc. v. Glacial Lakes Energy, LLC

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
  • 9 years 5 months ago
Citation:
Nos. 16-1690, -1692 (7th Circuit, Dec 14,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

In a pithy opinion by Judge Posner, the Court found that applicable New York law prohibits a party from obtaining the benefits  of a contract while failing to shoulder the burdens of that...

Judge(s):
Wood, Posner, Rovner
Tag(s):

Marques v. Joseph (In re Marques)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 5 months ago
Citation:
CC-16-1116-FPaKi (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:
9th Cir. BAP affirmed ruling of bankruptcy court (CD Cal.) granting relief from stay to creditor to proceed with foreclosure against chapter 7 debtor/appellant. BK court properly confirmed...
Judge(s):
Faris, Pappas, Kirscher
Tag(s):

Yagman v. Kittay (In re Yagman)

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 9 years 6 months ago
Citation:
United States Court of Appeals for the Second Circuit; Case No. 16-57 (2nd Circuit, Dec 01,2016) Not Published
Case Status:
Affirmed
Ruling:
RULING BY SUMMARY ORDER (DOES NOT HAVE PRECEDENTIAL EFFECT). United States Court of Appeals for the Second Circuit held that the district court properly dismissed a Chapter 7 debtors' appeal for...
Judge(s):
DENNIS JACOBS, ROSEMARY S. POOLER, Circuit Judges, and GEOFFREY W. CRAWFORD, District Judge (sitting by designation)
Tag(s):

In re McCoy

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 9 years 6 months ago
Citation:
6th Cir, B.A.P. Case No. 15-8056 (6th Circuit, Nov 29,2016) Published
Case Status:
Reversed and Remanded
Ruling:

The Bankruptcy Court abused its discretion in denying the debtor's motion to reopen his chapter 7 case, pursuant to section 350(b), based solely upon the passage of time, where the debtor...

Judge(s):
Harrison, Preston, Wise
Tag(s):

Korean Claimants v. Debtor's Representatives (In re Settlement Facility Dow Corning Trust)

  • Summarized by Jason Stitt , Keating Muething & Klekamp PLL
  • 9 years 6 months ago
Citation:
15-2548 (6th Circuit, Nov 23,2016) Not Published
Case Status:
Affirmed
Ruling:

Affirmed entry of consent order by the District Court.  Found that District Court has jurisdiction to enter consent order related to clarification of "marshaled reoveries."  Found that...

Judge(s):
McKeague, Griffin, and Kethledge
Tag(s):

Green v. Howard Family Trust Dated August 21, 1998 (In re Green)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 6 months ago
Citation:
NV-15-1349-KiLDo (9th Cir. BAP) (9th Circuit, Nov 09,2016) Not Published
Case Status:
Affirmed
Ruling:

9th Cir. BAP affirmed order converting Chapter 11 case to Chapter 7 as a bad faith filing to avoid entry of state court embezzlement judgment.

Judge(s):
KIRSCHER, LAFFERTY and DORE
Tag(s):

Gately v. Moore (In re Gately)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 6 months ago
Citation:
Bap No. CC-16-1086-TaFMc (BAP 9th Cir. Nov. 15, 2016) (Unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (CD Cal.) denying chapter 13 debtor's motion to avoid judicial lien. Bankruptcy court properly ruled that attorney fees...
Judge(s):
Taylor, Faris, McKittrick
Tag(s):

Lyda v. City of Detroit, Mich. (In re City of Detroit, Mich.)

  • Summarized by Laura Bartell , Wayne State University Law School
  • 9 years 6 months ago
Citation:
No. 15-2236 (6th Cir. Nov. 14, 2016)
Ruling:
Affirming dismissal of case by customers of Detroit Water and Sewerage Department seeking injunctive relief to stop termination of water services, holding that the suit is barred by Section 904 of...
Judge(s):
Sutton, Griffin & Donald, Circuit Judges
Tag(s):

Merrill v. Bessler (In re Bessler)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 7 months ago
Citation:
BAP No. NV-15-1427-LDoKi (BAP 9th Cir. Nov. 1, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit reversed and remanded the ruling of the bankruptcy court (D. Nev.) dismissing plaintiff's adversary complaint for failure to prosecute after plaintiff failed to appear...
Judge(s):
Lafferty, Dore, Kirscher
Tag(s):

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