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Sharfarz v. Goguen (In re Goguen)

  • Summarized by Bodie Colwell , Preti Flaherty LLP
  • 13 years 8 months ago
Citation:
In re Goguen, No. 11-9004 (B.A.P. 1st Cir. Aug. 15, 2012)
Ruling:
VACATING and REMANDING, the First Circuit Court of Appeals found that Sharfarz adequately proved causation (both cause in fact and legal cause) and Goguen did not bear his burden of showing an...
Judge(s):
Boudin, Souter, and Thompson
Tag(s):

Hann v. Educational Credit Management Corp. (In re Hann)

  • Summarized by David Baker , Law Office of David G. Baker
  • 13 years 9 months ago
Citation:
BAP No. NH 11-084
Ruling:
Affirming the bankruptcy court, the BAP held that (1) student loan creditor was bound by bankruptcy court’s determination (after an evidentiary hearing on debtor’s objection to claim that the...
Judge(s):
BAP Judges Hillman, Feeney and Hoffman. Decision authored by Hoffman
Tag(s):

Terry v. Standard Insurance Co. (In re Terry)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 13 years 9 months ago
Citation:
In re Terry, --- F.3d ----, 2012 WL 3139364 (8th Cir. Aug. 3, 2012)
Ruling:
The 8th Circuit Court of Appeals REVERSED the 8th Circuit BAP and the Bankruptcy Court for the Western District of Missouri and REMANDED the case to the Bankruptcy Court for further proceedings...
Judge(s):
Wollman, Colloton, Benton
Tag(s):

In re Calabrese

  • Summarized by Bradford Sandler , Pachulski Stang Ziehl & Jones LLP
  • 13 years 9 months ago
Citation:
In re Michael Calabrese, Jr., 11-3793 (3d Cir. 7/20/2012)
Ruling:
New Jersey sales taxes are considered trust fund taxes for purposes of priority and dischargeability and fall under 507(a)(8)(C) rather than 507(a)(8)(E).
Judge(s):
McKee, Chief Judge; Hardiman, Circuit Judge; Jones, II, District Judge
Tag(s):

Studensky v. Morgan (In re Morgan)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 13 years 9 months ago
Citation:
Studensky v. Morgan (In re Morgan), No. 11-51180 (5th Cir. July 17, 2012) * Unpublished opinion pursuant to 5TH CIR. R. 47.5
Ruling:
The Fifth Circuit REVERSED the judgment of the District Court and held that, where a debtor does not claim a homestead exemption and then sells the homestead post-petition, the debtor has the...
Judge(s):
Jolly, Higginbotham, and Dennis (per curiam)
Tag(s):

Pearson Education, Inc. v. Almgren

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 13 years 9 months ago
Citation:
Pearson Education, Inc. v. Almgren, --- F.3d ---, 2012 WL 2865968 (8th Cir. July 13, 2012)
Ruling:
The Eighth Circuit Court of Appeals affirmed the orders of the Bankruptcy Court for the District of Minnesota striking the Appellants' demand for a jury trial on the amount of damages in relation...
Judge(s):
Murphy, Gruender, Ross (sitting by designation)
Tag(s):

DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 13 years 10 months ago
Citation:
DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg), Case No. 11-14823 (11th Cir. July 6, 2012) (unpublished) (per curiam)
Ruling:
Affirming district court's order order dismissing involuntary petition with prejudice because Appellants failed to prove reversible error. While the Eleventh Circuit's 2 page decision affirms the...
Judge(s):
Edmonson, Carnes and Hull.
Tag(s):

RNPM, LLC v. Mercado Alvarez (In re Mercado Alvarez)

  • Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
  • 13 years 10 months ago
Citation:
Case No. PR-080 (1st Cir. BAP June 28, 2012)
Ruling:
Pursuant to Section 1322(e) of the Bankruptcy Code, the amount of an arrearage under a mortgage secured by the debtor’s principal residence, including the amount of the mortgagee’s attorneys...
Judge(s):
Boroff, Deasy, Bailey
Tag(s):

In re Creekside Senior Apartments, LP

Citation:
Case No. 11-8072, B.A.P. No. 10-53019 (6th Cir. E.D. Kentucky)
Ruling:
AFFIRMING bankruptcy court's order setting the market value of the Debtors' low-income housing tax credit properties and overruling the Debtors' and General Partners' Valuation Objection and Motion...
Judge(s):
Harris, Preston, and Shea-Stonum.
Tag(s):

Levesque v. Shapiro (In re Levesque)

Citation:
BAP No. NV-11-1742-DKiPa (B.A.P. 9th Cir. June 25, 2012)
Ruling:
AFFIRMING the Bankruptcy Court, the Ninth Circuit Bankruptcy Appellate Panel held that the chapter 7 trustee had standing to appear with respect to Debtors' motion to reopen their chapter 7 case...
Judge(s):
DUNN, KIRSCHER, and PAPPAS
Tag(s):

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