Summarized by G. Warner , St. John's University School of Law
10 years 10 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...
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,...
Case No. 14-10458 (5th Cir. July 23, 2015) (not precedential)
Ruling:
AFFIRMED (in a 2-1 decision) the dismissal of a contested matter following the bankruptcy court's denial of a motion under section 303(i) for costs and fees, concluding that a contested matter is...
Judge(s):
Per Curiam (Dennis, Prado and Higginson), Dennis dissenting.
Liggett v. Schwartz, Case Nos. 14-1433, 14-1435, and 14-1436 (6th Cir. July 21, 2015).
Ruling:
The Sixth Circuit Court of Appeals affirmed rulings by the Bankruptcy and District Courts of the Eastern District of Michigan, finding that (i) because a property settlement contained in a judgment...
Judge(s):
GIBBONS and COOK, Circuit Judges; GWIN, District Judge, sitting by designation.
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
10 years 11 months ago
Citation:
In re Taylor, No. 14–3017, 2015 WL 4393732, --- F.3d --- (7th Cir. July 20, 2015)
Ruling:
Affirming the district court, the Seventh Circuit first held that the appeal was not moot even though the debtor had entered into a settlement agreement with one of the appellees because the other...
Judge(s):
Wood, Chief Judge; Rovner, Circuit Judge; and Springmann, District Judge (sitting by designation)
Robb v. Harder (In re Robb), No. 15-6003 (BAP 8th Cir. July 16, 2015)
Ruling:
The BAP for the 8th Circuit dismissed appeal for lack of jurisdiction. Debtor appealed order of bankruptcy court (W.D. Mo.- Jefferson City) overruling her objection to chapter 7 trustee's unsecured...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
10 years 11 months ago
Citation:
Riverbend Condominium Assoc. v. Green (In re Green), No. 14-31117 (5th Cir. July 13, 2015)
Ruling:
Affirmed Bankruptcy and District Court determinations that the privilege created by Louisiana law for all unpaid sums assessed by a condominium association against the condominium owner is a...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 11 months ago
Citation:
Gatewood v. CP Medical, LLC (In re Gatewood), Case No. 15-6008 (B.A.P. 8th Cir. July 10, 2015)
Ruling:
The filing of an accurate proof of claim for a time-barred debt containing all required information, including the timing of the debt, standing alone, is not a prohibited debt collection practice...
Jones, Jr. v. Castellucci, , No. 14-8060 (10th Cir. July, 6, 2015)
Ruling:
The Tenth Circuit affirmed the district court's (D. Colo.) grant of summary judgment in favor of plaintiff and the district court's denial of post-judgment motion to reconsider. The Tenth Circuit...
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") ruling deemed not appropriate for publication, the BAP dismissed the appeal as moot. During the pending appeal, the Debtor's Chapter 11...
