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In re: WHITTAKER CLARK & DANIELS INC

Summarizing by Bradley Pearce

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Keys v. 701 Mariposa Project, LLC

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 9 months ago
Citation:
BAP No. CC-13-1329-KuBlPa; In re 701 Mariposa Project, LLC, -- B.R. -- (9th BAP 2014)
Ruling:
The 9th Circuit BAP reversed and remanded the bankruptcy court's decisions wherein the BAP held that even though the Debtor's service of process was defective it did not violation the creditor's...
Judge(s):
Hon. Kurtz; Hon. Blumenstiel (sitting by designation); and Hon. Pappas.
Tag(s):

EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc.

  • Summarized by Hale Lake , Hinshaw & Culbertson, LLP
  • 11 years 9 months ago
Citation:
EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc., BAP No. PR 13-055 (1st Cir. B.A.P. July 31, 2014
Ruling:
The Bankruptcy Appellate Panel for the First Circuit (the “B.A.P.”) reversed the Bankruptcy Court’s dismissal of the Chapter 11 case of debtor, EPR Marine Welding Construction Services, Inc....
Judge(s):
Hillman, Hoffman, Finkle
Tag(s):

Schultze v. Chandler, Sr.

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 11 years 9 months ago
Citation:
9th Cir., August 1, 2014 (No. 12-15186)
Ruling:
The Ninth Circuit amended its opinion dated July 18, 2014, at footnote 1, to state that it need not decide whether the bankruptcy court had the power to enter final judgment because the district...
Judge(s):
Stephen S. Trott, Sidney R. Thomas,and Mary H. Murguia, Circuit Judges
Tag(s):

Berger & Associates Attorneys v. Kran (In re Kran)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 11 years 9 months ago
Citation:
Docket No. 13-1931 (2nd Cir. July 25, 2014)
Ruling:
Court of Appeals affirmed the lower courts' decisions that the debtor was entitled to a discharge because denial of discharge is an extreme penalty, with exceptions to be narrowly construed, and...
Judge(s):
Straub, Sack, and Lohier, Circuit Judges
Tag(s):

In re Cain

  • Summarized by Caralyce Lassner , Caralyce M. Lassner, JD
  • 11 years 9 months ago
Citation:
14 FED App.0005P (6th Cir.) (BAP)
Ruling:
A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s):
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
Tag(s):

Crawford v. LVNV Funding, LLC

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 11 years 9 months ago
Citation:
--- F.3d ----, Case No. 13-12389 (11th Cir. Jul. 10, 2014)
Ruling:
Filing of proofs of claim by debt collectors in respect of debts deemed unenforceable under state statutes of limitations violates Fair Debt Collection Practices Act. Under "least-sophisticated...
Judge(s):
HULL, Circuit Judge, WALTER, District Judge (W.D. La.), and GOLDBERG, U.S Court of International Trade Judge
Tag(s):

Viegelahn v. Harris, III (In the Matter of Harris, III)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 11 years 9 months ago
Citation:
Case No. 13-50374 (5th Cir. July 7, 2014)
Ruling:
REVERSED district court's holding that payments in possession of Chapter 13 trustee at time of case conversion from Chapter 13 to Chapter 7 be returned to debtor and remanded case back to district...
Judge(s):
Benavides, Clement and Graves, Circuit Judges.
Tag(s):

Bank of America v. Caulkett

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 11 years 10 months ago
Citation:
D.C. Docket No. 6:14-cv-00078-GAP; 6:13-bk-05337-KSJ
Ruling:
The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.
Judge(s):
Marcus, Pryor, Edmondson, Circuit Judges
Tag(s):

Kane v. Stewart Tilghman Fox & Bianchi

  • Summarized by David Bury , Stone & Baxter, LLP
  • 11 years 10 months ago
Citation:
Kane, et al. v. Stewart Tilghman Fox & Bianchi, P.A., et al. (In re Kane), No. 13-10560 (11th Cir. Jun. 26, 2014)
Ruling:
The 11th Circuit affirmed the lower courts’ finding that (i) the Stewart Firms’ $2M judgment against the two Kane debtors was excepted from discharge under §523(a)(6) (willful and malicious...
Judge(s):
Marcus, Circuit Judge; Proctor and Evans, District Judges.
Tag(s):

Wells Fargo Bank v. Scantling (In re Scantling)

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 11 years 10 months ago
Citation:
Wells Fargo Bank, N.A. v. Scantling (In re Scantling), Case No. 13-10558 (11th Cir. June 18, 2014).
Ruling:
The Court found that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 does not prohibit a debtor from stripping off a wholly unsecured junior mortgage in a Chapter 20 case.
Judge(s):
Tjoflat, Moore and Schlesinger
Tag(s):

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