Summarized by Dean Langdon , DelCotto Law Group PLLC
13 years 4 months ago
Citation:
12b0009n.06; Docket No. 12-8014
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed the rulings of the Bankruptcy Court for the Southern District of Ohio which denied confirmation of the debtor's Chapter 12 plan and dismissed...
The Ninth Circuit BAP (Panel) affirmed (on other grounds) the Bankruptcy Court's order compelling a judgment lien creditor to turnover funds levied upon pre-petition to the chapter 7 debtor.
Nessan v. Lovald, No. 12-1733 (8th Cir. Dec. 5, 2012)
Ruling:
In an unpublished opinion, the Eighth Circuit held that under applicable South Dakota law, the debtor's claimed exemptions in a truck, boat, and legal claim did not entitle the debtor to an...
Judge(s):
Per Curiam. Heard by RILEY, Circuit Judge, COLLOTON AND GRUENDER, Circuit Judges.
Summarized by Aletheia Allen , New Mexico Court of Appeals
13 years 5 months ago
Citation:
RES-GA Mem'l, LLC v. Foah (In re Foah), VAP Case No. NM-12-019 (10th Cir. B.A.P. Dec. 3, 2012)
Ruling:
AFFIRMING the Bankruptcy Court's order granting summary judgment in the Debtor's favor, and holding that the New Mexico exemption statute does not require a life insurance policy's insured to be a...
Judge(s):
Thurman, Chief Judge; Brown, Judge (author); and Somers, Judge.
Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
13 years 5 months ago
Citation:
Sundale, LTD. v. Florida Associates Capital Enterprises, LLC, No. 12-11450 (11th Cir. Nov. 29, 2012).
Ruling:
Considering Stern v. Marshall, 131 S. Ct. 2594 (2011), the bankruptcy court had jurisdiction to adjudicate a debtor's state law counterclaims, including a claim for recoupment, in adjudicating the...
Waldman v. Stone (In re Stone), --- F.3d --- 2012 WL 5275241 (6th Cir. Oct. 26, 2012)
Ruling:
(1) Claim for disallowance / discharge of secured claim obtained by fraud and affirmative recovery for state law fraud are within the jurisdiction of the bankruptcy court.
(2) Creditor can...
Judge(s):
KETHLEDGE and STRANCH Circuit Judges; GWIN, District Judge
Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
13 years 6 months ago
Citation:
--- F.3d ----, 2012 WL 5259002 C.A.6 (Tenn.),2012, Appellate Case No. 11-8066, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 1:10-cv-260
Ruling:
The United States Court of Appeals for the Sixth Circuit held that a potential tort claim held by a debtor, which accrued prior to her filing of a Chapter 7 bankruptcy, became property of the...
Judge(s):
Jeffrey S. Sutton
Richard Allen Griffin
Helene N. White
Ball Kelly, LLC, d/b/a Taylor Kelly, LLC v. Bank of America, N.A., No. 11-3369 (10th Cir. 2012)
Ruling:
10th Circuit affirmed the U.S. District Court for the District of Kansas dismissal of complaint for failure to state a claim where plaintiff subcontractor asserted claim for equitable lien in...
Valley Bank and Trust Co. v. Spectrum Scan, LLC (In re Tracy Broadcasting Corp.), No. 11-1453 (October 16, 2012)
Ruling:
REVERSING the District Court, the 10th Circuit held Federal law permits a FCC licensee to grant a security interest in the economic value of its license, and Nebraska law recognizes that a security...
In re Lewis and Clark Apartments, LP, ---F.3d --- (8th Cir. BAP October 11, 2012) (Federman, J.)
Ruling:
REVERSING and REMANDING, the 8th Cir. BAP held that a challenge to a valuation decision based on law and not fact is an appealable interlocutory order because the legal bases for valuation affect...
