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Latus v. Shumate Spokane, LLC (In re Shumate Spokane, LLC)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 10 years 8 months ago
Citation:
Latus v. Shumate Spokane, LLC (In re Shumate Spokane, LLC), BAP No. EW-14-1302-TaPaJu, 2015 WL 5013358 (B.A.P. 9th Cir. Aug. 25, 2015)
Ruling:
Affirming the bankruptcy court, the Bankruptcy Appellate Panel for the Ninth Circuit held that (1) the debtor’s former employees’ claim seeking to surcharge the debtor’s secured lenders under...
Judge(s):
Taylor, Pappas, Jury, Bankruptcy Judges
Tag(s):

Wickam v. Ivar (In re Werner)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 10 years 8 months ago
Citation:
Wickam v. Ivar (In re Werner), BAP No. CC–14–1314–TaKuD, 2015 WL 5048151 (B.A.P. 9th Cir. Aug. 25, 2015)
Ruling:
Concluding that the bankruptcy court failed to make sufficient or complete findings with respect to the creditors/plaintiffs’ claims arising from failed real estate investments and each element...
Judge(s):
Taylor, Dunn, and Kurtz, Bankruptcy Judges
Tag(s):

Saint Catherine Hospital of Indiana, LLC v. Indiana Family and Social Services Administration

Citation:
Saint Catherine Hospital of Indiana, LLC v. Indiana Family and Social Services Administration, Case Nos. 14-2420 and 14-2546 (7th Cir., Aug. 28, 2015) (per curiam)
Ruling:
Reversed the U.S. District Court for the Southern District of Indiana; held that the statutorily-imposed Hospital Assessment Fee ("HAF") for fiscal year 2013 collected by the Indiana Family and...
Judge(s):
Bauer, Flaum, and Williams, Circuit Judges
Tag(s):

Bank of America, N.A. v. Iest (In re Iest)

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 10 years 8 months ago
Citation:
No. 14-12406; D.C. Docket No. 2:14-cv-00099-RWS; Bkcy. No. 13-bkc-23099-REB
Ruling:
In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien...
Judge(s):
Wilson, Rosenbaum, and Cox
Tag(s):

Heritage Bank v. Woodward (In re Woodward)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 10 years 8 months ago
Citation:
Heritage Bank v. Woodward (In re Woodward), Case No 15-6001 (8th Cir. B.A.P. August 13, 2015)
Ruling:
Creditor whose claim was allowed after litigation of an objection was an allowed claim for purposes of voting and plan confirmation and creditor could not argue that creditor was not a "creditor"...
Judge(s):
Federman, Schermer, and Shodeen
Tag(s):

Matteson v. Bank Of America (In re Matteson)

  • Summarized by Michael Coury , Glankler Brown, PLLC
  • 10 years 8 months ago
Citation:
15 FED App. 0006P (6th Cir. August 10, 2015)
Ruling:
The Bankruptcy Court erred in reducing mortgage balances by the amount the secured lender would have received under Chapter 13 plan had creditor filed proofs of claim. The Secured creditor's liens...
Judge(s):
Delk, Opperman and Preston
Tag(s):

Belser v. Nationstar Mortgage, LLC (In re Belser)

  • Summarized by Hale Lake , Hinshaw & Culbertson, LLP
  • 10 years 8 months ago
Citation:
Belser v. Nationstar Mortgage, (In re Belser), BAP No. NH 14-065, --- B.R. --- (1st Cir. BAP Aug. 6, 2015)
Ruling:
The BAP first determined that Nationstar had standing to object to the plan confirmation contrary to the debtor's reasoning that Nationstar lacked standing because it did not file a proof of claim...
Judge(s):
Hillman, Feeney, Finkle
Tag(s):

City of Concord, N.H. v. Northern New England Telephone Operations LLC (In re Northern New England Telephone Operations LLC)

  • Summarized by G. Warner , St. John's University School of Law
  • 10 years 8 months ago
Citation:
No. 14-3381-bk (Aug. 4, 2015)
Ruling:
The Court adopts the view that a lien can be extinguished by a Chapter 11 plan under 1141(c) only if the creditor has "participated" in the bankruptcy proceeding. See Penrod, 50 F.3d 459 (CA7...
Judge(s):
Jacobs, with Newman & Raggi
Tag(s):

In re SemCrude L.P., et al.

  • Summarized by Julia Klein , klein llc
  • 10 years 8 months ago
Citation:
In re SemCrude L.P., et al., No. 14-1204, -- F.3d -- (3d Cir. Aug. 5, 2015).
Ruling:
SemCrude's former limited partners' claims against Thomas Kivisto, SemCrude's co-counder and former president and CEO, were derivative of the claims against the corporation previously asserted,...
Judge(s):
Fuentes, Fisher and Krause, C.J.
Tag(s):

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