The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Az.), finding that the bankruptcy court did not err in denying creditor's motion to allow late filed claim, or in...
File Name:16b0008n.06 (Nos. 15-8014/8015, June 1, 2016
Ruling:
The bankruptcy court abused its discretion when it granted summary judgment for the Chapter 7 Trustee sua sponte. While there is no prohibition against granting summary judgment sua sponte, it is...
--- F.3d ---, Case No. 15-40538 (5th Cir May 27, 2016)
Ruling:
Affirmed, in part, the lower courts' judgment against the debtor based on breaches of a pre-petition settlement agreement. The debtor’s payment of $300,000 for an “assignment” of the...
Judge(s):
Higginbotham, Southwick, Higginson (opinion by Higginson)
In a consolidated appeal, the Eleventh Circuit reversed dismissal of two actions brought under the Fair Debt Collection Practices Act (FDCPA) by Chapter 13 debtors given that the claimant-debt...
Judge(s):
Eleventh Circuit Judges Wilson and Martin, and visiting Fifth Circuit Judge Patrick Higginbotham.
REVERSED and remanded district court decision that held the expert report requirements of Texas Civil Practice and Remedies Code 74.351 applied in federal court. The 5th Circuit held that Section...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
10 years 1 month ago
Citation:
Case No. 15-8026 (6th Cir. BAP 2016)
Ruling:
There is no provision in Chapter 13 for a proof of claim filed after the bar date. Rule 3002 sets bar date that can be expanded only for specific grounds which did not apply. Rule 9006 did not...
Ritchie Capital Management, LLC v. General Electric Capital Corp., Case No. 15-2816 (2d Cir. May 11, 2016) (per curiam)
Ruling:
The Second Circuit Court of Appeals affirmed the District Court's holding that an investor in a Ponzi scheme lacks standing to bring claims for aiding and abetting fraud and civil conspiracy to...
Lane v. Lane, et al., Case No. 15-8092 (10th Cir. May 10, 2016).
Ruling:
Claims of fraud against a bankruptcy estate are statutory causes of action belonging to the trustee, not to the bankrupt, and the trustee asserts them for the benefit of the bankrupt’s creditors,...
World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al), Case No. 15-1498 (3d Cir. Apr. 20, 2016) (precedential)
Ruling:
Contractual agreement between common carrier and its customer to transfer an unwaived maritime lien in delivered goods to goods currently held by common carrier was enforceable. Current shipment of...
Judge(s):
McKee, Chief Judge; Jordan (author) and Vanaskie, Circuit Judges
The Tenth Circuit affirmed the decision of the U.S. District Court (W.D. Okla.), dismissing complaint under Rule 12(b)(6) based on the expiration of the statute of limitations. The Tenth Circuit...
