The BAP VACATED the order of the bankruptcy court for abuse of discretion in applying the "reasonableness" standard under Section 502(b)(4) to a post-petition claim for administrative expense based...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 9 months ago
Citation:
Vidov v. Marshak (In re Vidov), 9th Cir. B.A.P., CC-13-1421-KuB1Pa, CC-13-1466-KuB1Pa, (2014) [Not for Publication]
Ruling:
In an unpublished opinion, the bankruptcy appellate panel affirmed the bankruptcy court’s summary judgment ruling. The bankruptcy court ruled that most of the alleged misrepresentations,...
BAP No. CC-13-1329-KuBlPa; In re 701 Mariposa Project, LLC, -- B.R. -- (9th BAP 2014)
Ruling:
The 9th Circuit BAP reversed and remanded the bankruptcy court's decisions wherein the BAP held that even though the Debtor's service of process was defective it did not violation the creditor's...
Judge(s):
Hon. Kurtz; Hon. Blumenstiel (sitting by designation); and Hon. Pappas.
Summarized by Cara Murray , Whiteford Taylor Preston LLP
11 years 10 months ago
Citation:
No. 13-1608 (4th Cir. June 27, 2014)
Ruling:
The Circuit Court affirmed the bankruptcy court's ruling that the non-debtor release provision in the debtor's Chapter 11 reorganization plan was unenforceable.
Judge(s):
Circuit Court, Diaz (author), Wilkinson and Agee
Bankr. E.D.V.A., Trenga
AFFIRMING the judgment of the district court dismissing a complaint by the reorganized debtor seeking contribution and subrogation from the Trustees of the residuary trusts created by the will of...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 10 months ago
Citation:
Lewis Brothers Bakeries Inc. v. Interstate Brands Corp., 8th Cir. Court of Appeals, No. 11-1850 [June 6, 2014]
Ruling:
In an En Banc decision, the 8th Circuit Court of Appeals reversed the judgment of the district court and bankruptcy court that held that the material and outstanding obligations of the licensing...
Judge(s):
RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
11 years 11 months ago
Citation:
Branch Bank. & Trust Co. v. Constr. Super. Servs., Inc., Case No 13-1560 (4th Cir. May 22, 2014)
Ruling:
Unperfected subcontractors lien is an interest in property as of the petition date for section 362(b)(3) and 546(b) purposes despite not having served notice of (i.e. perfected) such lien under...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 12 months ago
Citation:
Muth v. Muth (In re Muth) 10 Cir. B.A.P., CO-13-055 (May 1, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 10th Circuit Bankruptcy Appellate Panel Affirmed the ruling by the Bankruptcy Court that dismissed the debtor's chapter 11 case and the award of attorney's fees to...
Judge(s):
THURMAN, Chief Judge, CORNISH, and MICHAEL, Bankruptcy Judges.
