Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
11 years 4 months ago
Citation:
Nos. 14‐97‐bk(L) (August Term 2014)
Ruling:
The Securities Investor Protection Act, 15 U.S.C. § 78aaa, et seq. (“SIPA” or “the Act”), does not permit an inflation or interest adjustment to “net equity” claims for customer...
McCracken, et al. v. Arnot (In re Pacific Cargo Services, LLC), BAP No. )R-14-10136-KiKuJu (BAP 9th Cir. Feb. 19, 2015)
Ruling:
The 9th Circuit BAP affirmed judgment of the bankruptcy court (D. Or.) avoiding transfer as a preference. The judgment avoided debtor's prepetition transfer of legal malpractice claims to...
North Dakota law, which did not explicitly authorize the state to collect taxes for “account wagering,” did not impliedly authorize the collection of such taxes either. Accordingly, taxes...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
11 years 4 months ago
Citation:
Fahey v. MA Dept of Revenue (In re Fahey), --- F.3d --- (1st Cir. Feb. 18, 2015)
Ruling:
Unpaid taxes due on Massachusetts state income tax return filed after the statutory filing date cannot be discharged in bankruptcy under 11 U.S.C. 523(a). While section 523(a) a tax is not...
Davis v. U.S. Bank, N.A. (In re Davis), No. 12-60069 (9th Cir. Feb. 17, 2015)
Ruling:
The 9th Circuit affirmed the ruling of the BAP, which had affirmed the ruling of the bankruptcy court, dismissing debtor's chapter 12 bankruptcy because debtor's debts exceeded the statutory limit....
Blixseth v. Glasser (In re Yellowstone Mountain Club, LLC), No. 13-35113 (9th Cir. Feb. 11, 2015)
Ruling:
In an unpublished decision, the 9th Circuit affirmed the U.S. District Court for the District of Montana, who had affirmed the U.S. Bankruptcy Court for the District of Montana, and ruled that the...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 4 months ago
Citation:
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses...
Judge(s):
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
11 years 4 months ago
Citation:
2015 U.S. App. LEXIS 859 (2nd Cir. Jan. 21, 2015)
Ruling:
A secured party's authorization to file a UCC-3 termination statement of a UCC-1 Financing Statement filed under the Article 9 of the Uniform Commercial Code (UCC) is all that is required to...
The Fifth Circuit affirmed the bankruptcy and district courts, holding that section 523(a)(4) of the Bankruptcy Code did not render the debt owed by the former president and CEO of a general...
Judge(s):
Stewart, Chief Judge, and Jones and Higginson, Circuit Judges
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
11 years 5 months ago
Citation:
Official Committee of Unsecured Creditors of Motors Liquidation Company v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Company), Docket No. 2013-02187, --- F.3d --- (2d. Cir. Jan. 21, 2015)
Ruling:
The UCC-3 termination statement filed by the debtor terminating three UCC-1s, including one mistakenly included that related to a separate term loan, was effective to terminate the security...
