Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
12 years 10 months ago
Citation:
Case No. 13-8006 (6th Cir. BAP 2013)
Ruling:
Although Rule 9024 governing reconsideration of claims is an exception to the one-year limit under Rule 60(c) for reconsideration of orders in general, Debtor's motion to reconsider claim filed...
Papas v. Buchwald Cappital Advisors, et al. (In re Greektown Holdings, LLC.), Case No. 12-2434 (6th Cir. Aug. 26, 2013)
Ruling:
The Court must consider three issues when determining whether to enter a bar order. First, the court must determine it has jurisdiction to enter such an order; second, the court must determine...
Judge(s):
Boggs and McKeague, Circuit Judges, and Beckwith, Senior District Judge sitting by designation.
In re Irving Tanning Co., BAP No. EB 12-077, 2013 WL 4400254 (1st Cir. BAP, Aug. 15, 2013)
Ruling:
Section 1123(a)(5), which provides for a plan’s implementation “[n]otwithstanding any otherwise applicable nonbankruptcy law” does not “permit the Debtors to overwrite” state...
In re Rozier, BAP No. CC-12-1359-KiPaD (BAP 9th Cir. August 19, 2013)
Ruling:
Ninth Circuit BAP affirmed U.S. Bankruptcy Court for the Central District of California (J. Bauer) grant of relief from stay for cause pursuant to 11 USC 362(d)(1) over objection of Chapter 7...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 10 months ago
Citation:
In re: American Bank FSB, 6th Cir Court of Appeals, No. 12-6349, (August 16, 2013)
Ruling:
In an opinion recommended for full text publication, the 6th Circuit Court of Appeals affirmed the ruling by the district court, that, in regards to the competing secured claims by American Bank...
Judge(s):
Circuit Court Judges: GIBBONS, SUTTON and KETHLEDGE
Hernandez v. Nebraska Department of Health & Human Services, Case No. 13-6010 (BAP 8th Cir., August 8, 2013)
Ruling:
The debt owed by the debtor to the Nebraska Department of Health & Human Services' ("DHHS") was in the nature of support for the debtor's child and, therefore, was a priority domestic support...
In re Gary E. Peel, No. 13-1547 (7th Cir. Aug. 2, 2013).
Ruling:
1) A non-lawyer can sign and file bankruptcy documents under Illinois law, since those tasks do not require legal knowledge or skill. 2) An ex-wife's claim to divorce settlement agreement...
In re Reno Snax Sales, LLC, (Reno Snax Sales, LLC v. Heritage Bank of Nevada) NV-12-1512-DKiCo, 9th Cir. B.A.P. (2013).
Ruling:
Heritage Bank was not required to comply with the notice provisions of N.R.S. 482.516 and Article 9 in order to assert a claim to recover any deficiency out of the Reno Snax sale proceeds,...
Tex R Civ P 11 requires agreements between parties to be reduced to writing or have been placed on the record of the court. Absent compliance with Rule 11 or qualifying as an exception under...
United States Court of Appeals for the First Circuit, No. 12-2312 (July 24, 2013)
Ruling:
In matters of first impression, the First Circuit addressed two issues relating to the withdrawal liability of private equity firms, as owners of a bankrupt portfolio company, under the...
