AFFIRMED bankruptcy court's injunctive relief, concluding that post-confirmation jurisdiction existed, and that the prior settlement order barred the defendant (Galaz) from pursuing claims against...
Second Circuit affirmed the lower courts' decisions that disallowed and expunged certain amended proofs of claims as untimely. The court affirmed the lower courts' findings that the delay in...
BAP for 9th Circuit affirmed rulings of bankruptcy court (D. Az.), entering net nondischargeable judgment against debtors after setting off stay violation penalties against creditor. The BAP...
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...
The 8th Circuit reversed the decision of the district court (E.D. Mo. - St. Louis), finding the trial court erred in ruling that a creditor's foreclosure extinguished its rights to pursue proceeds...
Dubois v. Atlas Acquisitions LLC (In re Dubois), No. 15-1945 (4th Cir. Aug. 25, 2016)
Ruling:
The issue on appeal was whether Atlas violated the FDCPA by filing proofs of claim based on time-barred debts. The Fourth Circuit concluded that Atlas’s conduct did not violate the FDCPA and...
Judge(s):
Judge Albert Diaz, Judge Henry F. Floyd, and Judge Stephanie D. Thacker.
Ninth Circuit Court of Appeals, No. 13-17500 ((August 22, 2016)
Ruling:
General unsecured claim against individual debtor was properly subordinated pursuant to section 510(b) of the Bankruptcy Code because claim arose from an equity investment in an affiliate of the...
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
Fourth Circuit reviewed bankruptcy court's analysis of the eleven factors adopted in In re Dornier Aviation (North America), Inc., 453 F.3d 225 (4th Cir. 2006) and, in a per curiam decision,...
Judge(s):
Chief Judge Roger L. Gregory, Circuit Judge William B. Traxler, Jr., and Senior U.S. District Judge Joseph F. Anderson, sitting by designation
BAP No. CC-16-1045-KuFD (BAP 9th Cir. Aug. 11, 2016) (unpublished)
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.), which entered summary judgment against debtor on 523(a)(6) claim based on issue preclusion arising out of default...
