A.B.C. Learning Centres Ltd.; ABC Developmental Learning Centers (USA), Inc., v. RCS Capital Development, LLC; American Childcare Properties, LLC; ACCP I, LLC., (In re: RCS Capital Development , LLC; American Childcare Properties, LLC; ACCP I, LLC) BAP No. AZ-12-1381-JuTaAh (2013)
Ruling:
B.A.P. AFFIRMS the bankruptcy court's ruling granting RCS's Motion for Summary Judgment which allows the setoff and denies ABC's cross MSJ. Additionally, the Court REVERSES and REMANDS the...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
12 years 10 months ago
Citation:
(7th Cir., No. 12-3492)
Ruling:
Chapter 7 debtor cannot strip-off a wholly-unsecured mortgage. The Seventh Circuit distinguished the ability to strip-off wholly-unsecured mortgages in Chapter 13 because "[t]he strip-off right in...
In re Lewin, BAP No. CC-12-1238-PaDKi (9th Cir. BAP, July 3, 2013) (Not for publication)
Ruling:
The 9th Circuit BAP VACATED and REMANDED the Bankruptcy Court Order, holding that appellant is a valid creditor in the debtor's bankruptcy case based upon holding a valid cause of action against...
8th Cir. (BAP July 8, 2013 - Appeal from Bankruptcy Court Eastern District of Missouri) - Case No 12-6061
Ruling:
AFFIRMING the bankruptcy court's ruling that a state law exception which allowed the debtor to use a state law exemption for her homestead against a single creditor.
Seventh Circuit Court of Appeals AFFIRMED the decision of the the Bankruptcy Court holding that the Bankruptcy Court's interpretation of section 506(d) as stated in Dewsnup v. Timm (502 U.S. 410...
A debtor lacks standing to set aside an order approving a trustee’s settlement of litigation when the debtor does not have a pecuniary interest in the litigation. To establish standing by way of...
The Ninth Circuit upheld the decision of the District Court to affirm three decisions of the Bankruptcy Court involving the chapter 11 bankruptcy estate of Howard Marshall III and his wife, Ilane...
Judge(s):
Hon. David Ebel (sitting by designation from the 10th Circuit); Hon. Kim McLane Wardlaw; and Hon. Jacqueline Nguyen deciding an appeal from the decision of district court judge, David Carter.
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
12 years 10 months ago
Citation:
Garden v. Central Nebraska Housing Corp., et al., No. 12-2344, --- F.3rd ----, 2013 WL 3214982 (8th Cir. Jun. 27, 2013)
Ruling:
AFFIRMING the District Court's decision granting Debtors' motion for partial summary judgment, reducing mortgagee's secured claim as to attorney's fees and related costs and awarding sanctions...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
12 years 10 months ago
Citation:
No. 12-2976
Ruling:
The Wisconsin Bankruptcy Court and District Court erred by applying BR 7015 instead of BR 7054, which is based on FRCP 54(a)-(c). That rule of civil procedure directs that a Federal Trial Court...
Judge(s):
MANION and WOOD, Circuit Judges. BARKER, District Judge.
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
12 years 11 months ago
Citation:
Case No. 12-1559 (B.A.P. 9th Cir. June 5, 2013)
Ruling:
In AFFIRMING in part and VACATING and REMANDING in part the bankruptcy court's order sustaining of the chapter 7 trustee's objection to the debtor's claimed homestead exemption in two real...
