United Surety & Indemnity Co. v. Pedro Lopez-Munoz (In Re Pedro Lopez-Munoz), 1st Cir. BAP No. PR16-011, Bankr. Case No. 13-08171-EAG (July 28, 2016)
Ruling:
Despite the debtor's initial failure to disclose certain prepetition transfers and schedule certain assets, the court denied a creditor's motion to appoint a chapter 11 trustee when the debtor...
Judge(s):
Judges Francis Bailey, Diane Finkle and Michael Fagone
Harris v. Scarcelli et al. Case No. 15-2189, United States Court of Appeals for the First Circuit (August 19, 2016)
Ruling:
The First Circuit affirmed summary judgment ruling of lower courts against a real estate broker who failed to demonstrate that he was entitled by contract or in equity under the Bankruptcy Code to...
Judge(s):
Jeffery R. Howard, Chief Judge
Juan R. Torruellla, Circuit Judge
David J. Barron, Circuit Judge
BAP No. CC-16-1045-KuFD (BAP 9th Cir. Aug. 11, 2016) (unpublished)
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.), which entered summary judgment against debtor on 523(a)(6) claim based on issue preclusion arising out of default...
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-20526
Ruling:
Following the Supreme Court decision in Husky International Electronics Inc. v. Ritz, the Fifth Circuit made a so-called Erie guess by holding that a transfer made with actual intent to defraud...
Judge(s):
STEWART, Chief Judge, and KING and ELROD, Circuit Judges.
We AFFIRM the Judgment of Dismissal and decline to consider USIC’s appeals from
the Interlocutory Orders. We lack jurisdiction to hear PREPA’s cross-appeal and so that crossappeal
is DISMISSED.
Judge(s):
Before Bankruptcy Judges Bailey, Finkle and Fagone
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity...
The Ninth Circuit reversed the Bankruptcy Appellate Panel, which had affirmed the bankruptcy court's denial of Maria Rivera ("Debtor") motion for sanctions against Orange County Probation...
Judge(s):
Honorable Stephen Reinhardt, and Kim McLane Wardlaw, Circuit Judges, and Mark W. Bennett, District Judge.
Kenneth M. Krys, as Joint Liquidator of SPhinX Ltd. et al.v. Dennis A Klenjna, J.P. Morgan Chase & Co., Summary Order, 2nd Cir. Case No. 14-3446(L), (July 29, 2016)
Ruling:
The Second Circuit upheld the district court's order dismissal of certain state-law claims against the defendant-appellees, and in doing so, found that the district court was not required to...
Judge(s):
Present: Rosemary S. Pooler; Peter W. Hall, and Susan L. Carney, Circuit Judges
