Home » Bankruptcy Process and Procedure » Claims

Kane v. Stewart Tilghman Fox & Bianchi

  • Summarized by David Bury , Stone & Baxter, LLP
  • 11 years 12 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
  • 12 years 4 days 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):

Pettry v. Patriot Coal Corp. (In re Patriot Coal Corp.)

Citation:
No. 14-6005 (8th Cir. B.A.P. June 5, 2014)
Ruling:
The B.A.P. affirmed the bankruptcy court’s denial of claimant’s motion for reconsideration of an order sustaining debtor’s omnibus objection to claims.
Judge(s):
Kressel, Saladino, and Shodeen.
Tag(s):

Brooks v. Chase Bank USA

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 12 years 1 month ago
Citation:
13-13538 (Unpublished)
Ruling:
Reversal of District Court decision reversing Bankruptcy Court and remand for determination of attorneys' fees. Bankruptcy Court did not abuse its discretion when it refused to allow bank to...
Judge(s):
WILSON, JORDAN, and ROTHSTEIN (District Judge sitting by designation)
Tag(s):

Spicer v. Navistar Defense (In re Westbrook)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 12 years 1 month ago
Citation:
United States ex rel. Spicer v. Navistar Defense, LLC (In re Westbrook), Case No. 12-10858 (5th Cir. May 5, 2014).
Ruling:
Chapter 7 Trustee of whistleblower / debtor’s estate had exclusive standing to prosecute a qui tam False Claims Act against manufacturer of military vehicles when debtor failed to disclose the...
Judge(s):
Jerry Edwin Smith, Edward C. Prado and Jennifer Walker Elrod.
Tag(s):

In re Caribbean Petroleum Corp.

  • Summarized by Gregory Guest , Dickinson Wright, PLLC
  • 12 years 1 month ago
Citation:
In re Caribbean Petroleum Corp., Case No. 13-2326 (3d Cir. May 6, 2014) [NOT PRECEDENTIAL]
Ruling:
The Bankruptcy Court correctly applied § 502(e)(1)(B) in disallowing a claimant's contingent contribution claims against the debtors. Nothing in the text of § 502(e)(1)(B) suggests that the...
Judge(s):
JORDAN, VANASKIE, and GREENBERG
Tag(s):

Muth v. Muth (In re Muth)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 1 month ago
Citation:
Muth v. Muth (In re Muth) 10 Cir. B.A.P., CO-13-055 (May 1, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 10th Circuit Bankruptcy Appellate Panel Affirmed the ruling by the Bankruptcy Court that dismissed the debtor's chapter 11 case and the award of attorney's fees to...
Judge(s):
THURMAN, Chief Judge, CORNISH, and MICHAEL, Bankruptcy Judges.
Tag(s):

C.W. Mining Co. v. Bank of Utah

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 2 months ago
Citation:
No. 12–4174 (10th Cir. Apr. 15, 2014)
Ruling:
Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a...
Judge(s):
Mkovich, Brorby, and Murphy, Circuit Judges.
Tag(s):

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