de Jong v. JLE-04 Parker, L.L.C.

Citation:
AZ-17-1280-FSBa and AZ-17-1292-FSBa (9th Circuit, Aug 03,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The "rule of mandate," which requires that a trial court quote adhere to the appellate court's decision, does not prohibit a trial court from addressing issues that were not decided by the...
Judge(s):
FARIS, SPRAKER, and BASON (sitting by designation)
Tag(s):

H3O Communications, LLC v. Kane (In re AMKO Fishing Co, Inc.

Citation:
BAP No. HI-17-1255-TaLLs (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed bankruptcy court (D. HI) ruling that creditor did not have maritime lien that attached to settlement proceeds from chapter 7 trustee's settlement with third party...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

IN RE FAGERDALA USA

Citation:
No. 16-35430 (9th Circuit, Jun 04,2018) Published
Case Status:
Reversed and Remanded
Ruling:
9th Cir. reversed district court (D. Or.), which had affirmed bankruptcy court ruling granting chapter 11 debtor's motion to designate claims for bad faith and preclude the claims from being voted...
Judge(s):
Smith, Christen, Hurwitz
Tag(s):

Giese v. Lexington Coal Company (In re HNRC Dissolution Co.)

Citation:
16-8013 (6th Circuit, Jun 01,2018) Published
Case Status:
Affirmed
Ruling:
On de novo review, the BAP affirmed the Bankruptcy Court's decision to hear, and to dismiss, all seven (7) counts of the State Action. The BAP agreed that a "proceeding" under 28 U.S.C. 1334(c)...
Judge(s):
Harrison, Opperman, and Preston
Tag(s):

Minerals Technologies, Inc. v. Novida Corp.

Citation:
BAP No. CO-17-004 and BAP No. CO-17-005 (10th Circuit, May 16,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not err by: (i) approving the separate classification of administrative convenience claims where, among other things, there was already an impaired class that would vote in...
Judge(s):
KARLIN, NUGENT, MOSIER
Tag(s):

Aniel v. ResCap Borrower Claims Trust (In re Residential Capital LLC

Citation:
17-1163-bk (2nd Circuit, Apr 04,2018) Not Published
Case Status:
Affirmed
Ruling:
The Second Circuit affirmed the judgment of the district court and bankruptcy court orders disallowing appellants claims.
Judge(s):
Robert D. Sack, Peter W. Hall, Christopher F. Droney
Tag(s):

Havens v. Arnold Leong (In re Leong Partnership)

Citation:
NC-17-1015-STaB; NC-17-1034-STaB (related appeals) (9th Circuit, Mar 23,2018) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's summary judgment dismissing involuntary chapter 11 petition filed against alleged debtor Leong Partnership affirmed.
Judge(s):
Spraker, Taylor, Brand
Tag(s):

UTSA Apartments, L.L.C. v. UTSA Apartments 8, L.L.C.

Citation:
No. 17-50893 (5th Circuit, Mar 27,2018) Published
Case Status:
Reversed and Remanded
Ruling:
REVERSE the bankruptcy court’s decision to reduce UTSA’s share of the net proceeds and AFFIRM its decision to reduce Woodlark’s proof of claims. REMAND for further proceedings consistent with...
Judge(s):
HIGGINBOTHAM, PRADO, and HIGGINSON, Circuit Judges
Tag(s):

Halper v. Twin Palms Lending Group, LLC

Citation:
CC-17-1171-FSTa/CC-17-1172-FSTa (related) (9th Circuit, Mar 13,2018) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court did not err in granting default judgment against debtor/defendant who refused to sit for her deposition in two related adversary proceedings for over five years.
Judge(s):
Faris, Speaker, Taylor
Tag(s):

Gonzalez v. Owens Corning

Citation:
No. 16-2653 (3rd Circuit, Mar 19,2018) Published
Case Status:
Affirmed
Ruling:
The Frenville standard requires a court to look to the underlying state limitations law to determine when a claim arises. Where the proffered "common issue" depends upon the (different) limitations...
Judge(s):
CHAGARES, JORDAN, and HARDIMAN
Tag(s):

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