Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a...
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 1 month ago
Citation:
In Re Schlehuber, 8th Cir. Court of Appeals, No. 13-2070 [March 19, 2014][Unpublished]
Ruling:
In an unpublished per curiam opinion, the 8th Circuit Court of Appeals affirmed the ruling of the Bankruptcy Appellate Panel and the Bankruptcy Court, which held that a creditor has the standing...
BAP No. NV-13-1179-JuKiTa; Bk Nos. 10-52248, 10-52249, 10-52251, 10-52252; (not appropriate for publication)
Ruling:
Though the Ninth Circuit BAP found that a confirmed chapter 11 plan had been substantially consummated, the BAP nevertheless reversed the Bankruptcy Court's confirmation order.
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
12 years 1 month ago
Citation:
Phoenix, LLC v. The Alameda Liquidating Trust (In re Alameda Investments, LLC), BAP No. CC-13-1333-PaTaKu (9th Cir. BAP Mar. 5, 2014) (unpublished)
Ruling:
The Ninth Circuit BAP affirmed the bankruptcy court's order determining that the Appellee liquidating trust succeeded to the entire interest in an LLC held by the chapter 11 debtor and that the...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
12 years 2 months ago
Citation:
Appeal from US Dist. Ct. ND IL ED, Case No. 11 C 05045
Ruling:
The 7th Circuit was asked to decide whether a Chapter 11 Debtor in Possession could bring an action to recoup its Federal tax payments pursuant to § 544(b)(1). The Court decided it could not, for...
Judge(s):
Before BAUER and FLAUM, Circuit Judges, and VAN BOKKELEN, District Judge
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
12 years 4 months ago
Citation:
12-3133
Ruling:
The 7th Circuit Court of Appeals refused to interpret ambiguous language in a District Court Opinion as an injunction. On that basis, and since issuing an opinion would require weighing in on many...
Claim based on a non-recourse second mortgage must be allowed pursuant to Bankruptcy Code section 1111(b(1)(A), which requires only that the claim be secured by a lien on property of the estate,...
The Court of Appeals for the Eleventh Circuit affirmed the ruling entered by the bankruptcy court and affirmed on appeal by the District Court for the Souther District of Florida which held that...
Judge(s):
Hull and Martin, Circuit Judges; Bowen, District Judge
In re Plant Insulation Co., --F.3d--, 2013 WL 5779568 (Oct. 28, 2013 9th Cir.)
Ruling:
The Ninth Circuit Court of Appeals held that because the Debtors' plan of reorganization did not call for the Trust to control the reorganized debtor either after confirmation or at any point where...
