The Ninth Circuit Court of Appeals affirmed the the bankruptcy court's ruling denying Defendants' motion to compel arbitration. In core proceedings, the bankruptcy court has discretion to decline...
Judge(s):
Honorable Barry G. Silverman and Susan P. Graber, Circuit Judges, and Jennifer A. Dorsey,* District Judge.
Summarized by David Banker , Womble Bond Dickinson (US) LLP
9 years 10 months ago
Citation:
No. 15-2833 (3d Cir. May 10, 2016)
Ruling:
Five alleged preferential transfers made by Net Pay (a payroll processor) to the IRS, on behalf of five different clients, were not avoidable under 11 U.S.C. § 547(b) of the Bankruptcy Code. Four...
Summarized by Laura Bartell , Wayne State University Law School
9 years 11 months ago
Citation:
Nos. 15-8020.8021/8022/8023 (6th Cir. BAP April 12, 2016)
Ruling:
Bankruptcy court did not abuse its discretion in ruling on motion to dismiss without holding hearing on Chapter 11 Plan and Disclosure Statement, or in dismissing debtors' cases, but did abuse its...
Summarized by Matthew Hale , Stichter, Riedel, Blain & Postler, PA
9 years 11 months ago
Citation:
Rosenberg v. DVI Receivables XIV, LLC, — F.3d —, No. 14-14620 (11th Cir. April 8, 2016)
Ruling:
The Eleventh Circuit held that the Federal Rules of Bankruptcy Procedure govern cases “arising under” the Bankruptcy Code, even if tried in a federal district court. The court specifically...
Bankruptcy court properly confirmed Chapter 13 Plan over good faith objections and other objections raised by Creditor. The BAP affirmed the bankruptcy court's order confirming the Chapter 13 Plan.
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
9 years 11 months ago
Citation:
Fifth Circuit;No. 15-40294
Ruling:
The Fifth Circuit affirmed the lower courts' rulings in finding that a purchaser of estate assets was a good faith purchaser and entitled to the benefits of 363(m) based upon the Trustee's efforts...
Scotiabank v Marcelo Junior Medina Lorenzo 2016 U.S. App. LEXIS 6049(In re Lorenzo, 2016 U.S. App. LEXIS 6049 (1st Cir. Apr. 1, 2016)(In re: Marcelo Junior Medina Lorenzo, 15-09010);(1st. Cir. 2016) April 1, 2015
Ruling:
Per Curiam: Creditor's failure to attend a confirmation hearing after having objected to the plan will render the objection disallowed for failure to prosecute the same. Debtor's requests for...
Justice v. United States of America (In re Justice), Case No. 15-10273 (11th Cir. Mar. 30, 2016).
Ruling:
The Eleventh Circuit held that the debtor’s tax debts were not dischargeable under section 523(a)(1)(B)(i) of the Bankruptcy Code because the debtor’s late-filed Forms 1040 did not qualify as...
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1026-KiKuF (March 22, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the holding of the bankruptcy court. To determine whether the Debtor proposed his Chapter 13 Plan in good faith, the BAP considered the following:...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
10 years 17 hours ago
Citation:
Schermerhorn, et. al. v. Kubbernus, et. al. (In re Skyport Global Communication, Inc.), No. 15-20246 (5th Cir. March 14, 2016)
Ruling:
Bankruptcy Court’s imposition of inherent power sanctions against litigants who commenced state court litigation including derivative claims, which claims were barred by a confirmed plan of...
