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Keach v. New Brunswick Southern Railway Co. Ltd.

  • Summarized by Lee Harrington , Ascendant Law Group LLC
  • 9 years 7 months ago
Citation:
Robert Keach, Chapter 11 Trustee v. New Brunswick Southern Railway Co. Ltd et al. (In re Montreal, Maine & Atlantic Railway, Ltd.), BAP No. 16-015 (Oct. 21, 2016)
Ruling:
The United States Bankruptcy Appellate Panel for the First Circuit affirmed the ruling of the bankruptcy court that certain claims for interline rail services were entitled to priority treatment...
Judge(s):
Judge Joan N. Feeney, Judge Bruce Harwood and Judge Michael Deasy
Tag(s):

Holley v. Corcoran (In re Holley)

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 9 years 7 months ago
Citation:
File No. 16a0580n.06; Case No. 16-1081 (Sixth Cir., October 25, 2016)
Ruling:
Sixth Circuit Court of Appeals reversed bankruptcy court's decision which allowed Chapter 7 trustee payment of administrative expenses from the proceeds of sale of real property owned by debtors as...
Judge(s):
Circuit judges Daughtery, Gibbons,and Cook
Tag(s):

Neuman v. Krenz (In re Krenz)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 7 months ago
Citation:
9th Circuit Bankruptcy Appellate Panel Case No. AZ-15-1396-FLJu (Not for Publication)
Ruling:
Appellant's appeal related to the the minute entry order entered in 2014 was untimely. The bankruptcy court did not need to actually sign the minute entry order for it to be effective, so long as...
Judge(s):
FARIS, LAFFERTY, and JURY
Tag(s):

Rivera v. Deutsche Bank National Trust Co. (In re Rivera)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 8 months ago
Citation:
BAP No. NC-15-1120-KiTaJu (BAP 9th Cir. Oct. 6, 2016)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) denying chapter 13 debtors' objection to mortgage creditor's claim. BAP agreed with bankruptcy court's...
Judge(s):
Kirscher, Taylor, Jury
Tag(s):

Kvassay v. Kvassay (In re Kvassay)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 8 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1420-KiTaKu (October 6, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling denying Peter E. Kvassay ("Debtor") motion for order to show cause why Robert V. Kvassay ("Creditor") should not be sanctioned...
Judge(s):
Honorable KIRSCHER, TAYLOR and KURTZ
Tag(s):

Perez v. Deutsche Bank National Trust Co.

Citation:
___ B.R. ___ (1 st. Cir BAP 2016) BAP NO. MS 16-007
Ruling:
The Bankruptcy Appellate Panel affirms the bankruptcy court's ruling that a postponement of a foreclosure sale did not violate the automatic stay. The BAP maintains the First Circuit approach that...
Judge(s):
Lamoutte, Deasy and Cary.
Tag(s):

United Surety & Indemnity Co. v. Puerto Rico Electric Power Authority

Citation:
____B.R. ____ (B.A.P. 1st Cir. 2016).BAP NOS. PR 15-046
Ruling:
The Bankruptcy Appellate Panel affirms the judgment on voluntary dismissal of Debtor's adversary case against PREPA and declines to consider USIC's appeals from the interlocutory orders.
Judge(s):
Bailey, Finkle and Fagone
Tag(s):

United Surety & Indemnity Co. v. Lopez-Munoz

  • Summarized by Lee Harrington , Ascendant Law Group LLC
  • 9 years 8 months ago
Citation:
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
Tag(s):

Harris v. Scarcelli (In re Oak Knoll Associates, L.P.)

  • Summarized by Lee Harrington , Ascendant Law Group LLC
  • 9 years 9 months ago
Citation:
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
Tag(s):

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