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Bank of New York Mellon v. GC Merchandise Mart, L.L.C. (In the Matter of Denver Merchandise Mart, Inc.)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 12 years 3 months ago
Citation:
-- F.3d -- (5th Cir. 2014)
Ruling:
Affirmed judgment disallowing a $1.8 million portion of the lender's secured claim for a "Prepayment Consideration" under Colorado law because "[a]bsent a clear contractual provision to the...
Judge(s):
REAVLEY, DAVIS, and HIGGINSON (opinion from W. EUGENE DAVID)
Tag(s):

Bendetti v. Gunness (In re Gunness)

  • Summarized by Mark Hudson , Schian Walker, PLC
  • 12 years 3 months ago
Citation:
cc-13-1099-KuBaPa
Ruling:
Affirmed bankruptcy court ruling that granted summary judgment to the debtor; ruling that attorney's fees owed jointly and severally by the debtor and her husband to the husband's ex-wife and the...
Judge(s):
Kurtz, Ballinger, Pappas
Tag(s):

Brock v. Glasser (In re Brock)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 12 years 3 months ago
Citation:
Brock, et al. v. Glasser (In re Brock), Case Nos. 12-001 (B.A.P. 10th Cir. January 9, 2014) (unpublished)
Ruling:
The BAP affirmed the allowance of a claim filed by a creditor of a revocable inter vivos trust settled by Chapter 11 individual Debtors holding that since the assets of the revocable inter vivos...
Judge(s):
Thurman, Cornish, Mosier (Thurman)
Tag(s):

Quick Capital of L.I. Corp. v. Bavelis (In re Bavelis)

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 12 years 4 months ago
Citation:
6th Cir. BAP File No. 13b0009n.06; Docket No. 13-8015
Ruling:
Affirming the bankruptcy court for the Southern District of Ohio, the Sixth Circuit Bankruptcy Appellate Panel held claims of lender under a note and loan agreement were properly disallowed where...
Judge(s):
Emerson, Harris and McIvor; opinion by McIvor
Tag(s):

In the Matter of Rockford Products Corporation

  • Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
  • 12 years 4 months ago
Citation:
12-3133
Ruling:
The 7th Circuit Court of Appeals refused to interpret ambiguous language in a District Court Opinion as an injunction. On that basis, and since issuing an opinion would require weighing in on many...
Judge(s):
EASTERBROOK, KANNE, and ROVNER
Tag(s):

Ashworth v. Ehrgott ( In re Ashworth)

  • Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
  • 12 years 4 months ago
Citation:
Ashworth v. Ehrgott, et al. (In re Ashworth), B.A.P. No. CC-12-1591 (9th Cir. B.A.P., December 16, 2013) (Not for Publication)
Ruling:
In an unpublished decision, the Bankruptcy Appellate Panel for the Ninth Circuit affirmed the order of the Bankruptcy Court, overruling the Debtor's objection to the proof of claim filed by his...
Judge(s):
Taylor, Dunn, and Pappas, Bankruptcy Judges.
Tag(s):

Grant, Konvalinka & Harrison, P.C. v. Still (In re McKenzie)

Citation:
Grant, Konvalinka & Harrison, P.C. v. Still (In re Bowers), Nos. 12-6374/6375 (6th Cir. Dec. 17, 2013)
Ruling:
The decision of the district court was affirmed. (1) Though the bankruptcy court's order extending the automatic stay referred to Section 362(e)(1), no preliminary hearing was required because...
Judge(s):
Boggs, Clay, and Gilman
Tag(s):

Behrens v. U.S. Bank National Association (In re Behrens)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 5 months ago
Citation:
In Re Behrens, 8th Cir. B.A.P. (13-6032), November 26, 2013
Ruling:
The 8th Cir. Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting the secured creditor relief from the automatic stay to complete its foreclosure proceedings.
Judge(s):
Chief Judge Schermer, Federman and Shodeen
Tag(s):

In re Michael Allen Bowers

Citation:
In re Bowers, No. 13-8014 (B.A.P. 6th Cir. Nov. 22, 2013)
Ruling:
The decision of the district court was affirmed. Pursuant to Ohio Rev. Code Ann. § 5721.37(A)(3), the certificate rate of interest, not the interest rate provided in Ohio Rev. Code Ann. §...
Judge(s):
Emerson, Lloyd, and Preston
Tag(s):

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