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In re Yonish

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 10 years 2 weeks ago
Citation:
In re Yonish, Case No. 15-8006, (6th Cir. BAP March 3, 2016) (unpublished)
Ruling:
Limiting the precedential effect to the parties, the Sixth Circuit Bankruptcy Appellate Panel (BAP) reversed the decision below denying the Debtors' motion to reopen their case in order to avoid...
Judge(s):
Delk, Harrison and Lloyd; opinion by Harrison
Tag(s):

Caldwell v. Nelson (In re Caldwell)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 3 weeks ago
Citation:
9th Circuit BAP Case No. NV-15-1074-JuKiD (Order Published February 24, 2016)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's ruling sustaining the Chapter 7 Trustee's ("Trustee") objection to Patrick H. Caldwell's ("Debtor") asserted...
Judge(s):
Bankruptcy Judges JURY, KIRSCHER, and DUNN
Tag(s):

Templeton, et al. v. Milby, et al. (In re Milby)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 3 weeks ago
Citation:
9th Circuit Bankruptcy Appellate Case No. CC-15-1180-FCTa (February 24, 2016)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") entered two separate rulings related to the same facts. The BAP held that in tolling statutes of limitations, the courts have typically assumed...
Judge(s):
Bankruptcy Judges FARIS, CORBIT, and TAYLOR.
Tag(s):

The Zuercher Trust of 1999 v. Schoenmann (The Zuercher Trust of 1999)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 3 weeks ago
Citation:
9th Circuit BAP Case Nos. NC-14-1440-KuWJu and NC-14-1515-KuWJu (Not for Publication)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the sale of real property. In regards to the issue of The Zuercher Trust of 1999 ("Trust") and...
Judge(s):
Bankruptcy Judges KURTZ, WANSLEE, and JURY
Tag(s):

Castellanos Group Law Firm, L.L.C v. Federal Deposit Insurance Corp.

Citation:
2015-0036 (1st Cir. BAP February 17,2016) (MJS Las Croabas Properties, Inc a/k/a Ocean Club at Seven Seas)BAP NO. 15-036 Bankr. Case No12-05710ESL
Ruling:
On a decision for publication, the BAP affirmed the imposition of sanctions against the law firm under 28 U.S.C. §1927.
Judge(s):
Feeney, Deasy, and Cary
Tag(s):

In re Kiriazis

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 10 years 1 month ago
Citation:
File Name:16b0002n.06; Bankruptcy Appellate Panel of the Sixth Circuit (BAP), Case No. 15-8036 (January 28, 2016),
Ruling:
The bankruptcy court did not abuse its discretion in denying a creditor's motion to reopen the debtors' Chapter 13 case. Creditor failed to timely appeal two prior orders- Violation Order and...
Judge(s):
Humphrey, Opperman, Wise
Tag(s):

Stubbs & Perdue, P.A. v. Angell (In re Anderson, Jr.)

  • Summarized by Lynn Tavenner , Tavenner & Beran, PLC
  • 10 years 1 month ago
Citation:
Stubbs & Perdue, P.A. v. Angell (In re Anderson, Jr.), Case No. 15-1316 (4th Cir. Jan. 26, 2016).
Ruling:
Affirming the district court, the Fourth Circuit held that the bankruptcy court correctly interpreted/applied Landgraf v. USI Film Products, 511 U.S. 244 (1994), to find that the version of 11...
Judge(s):
Wilkinson, Keenan, and Harris
Tag(s):

Nealon v. Matthews

Citation:
Christian Nealon v. Theresa Mathews (In re Christian Nealon) BAP NO. MW 15-035, --BR—(1st. Cir. BAP. January 20, 2016)
Ruling:
On a decision not for publication the BAP reversed the Bankruptcy Court’s order sustaining the objection to the homestead exemption since the Bankruptcy Court’s focus should have been on the...
Judge(s):
Deasy, Harwood, and Cary.
Tag(s):

Wiscovitch-Rentas v. Santa Rosa Mall, LLC (In re PMC Mktg. Corp.)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 10 years 1 month ago
Citation:
Wiscovitch-Rentas v. Santa Rosa Mall, LLC (In re PMC Mktg. Corp.), BAP No. PR 15-024, slip op. (B.A.P. 1st Cir. Jan. 19, 2016).
Ruling:
In a decision not for publication, the BAP reversed the bankruptcy court's order granting Defendant Santa Rosa Mall, LLC's motion for summary judgment on the Trustee's preference claim based upon...
Judge(s):
Feeney, Deasy, Cary
Tag(s):

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