Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
13 years 10 months ago
Citation:
Southwestern Electric Power Company (SWEPCO) v. Committee of Certain Members of Cajun Electric (In re Cajun Electric Power Cooperative, Incorporated), No. 11-31022 2012 U.S. App. Lexis 13081 (5th Cir. 2012).
Ruling:
Fifth Circuit interpreted parties' 1997 agreement to preclude either party's entitlement to reimbursement from the other due to the plain meaning of the relevant terms in the agreement.
Judge(s):
Before JOLLY, DeMOSS, and STEWART, Circuit Judges. PER CURIAM
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 10 months ago
Citation:
Allen v. US Bank (In re Allen). - B.R. - (9th Cir. B.A.P. June 8, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit held USB, the secured creditors chain of possession for loan documents were adequate to establish standing to file a proof of claim.
No. 11-60042 BAP No. 10-1334 (9th Cir. June 21, 2012)
Ruling:
Termination of the automatic stay under Section 362(h) applies to all the debtor's personal property securing a creditor's claim, rather than just the personal property scheduled as securing that...
Alderwoods Group, Inc. v. Garcia, et al., Case No. 10-14726 (11th Cir. May 30, 2012) (published)
Ruling:
The judgment of the United States District Court for the Southern District of Florida ("District Court") is vacated because the United States Bankruptcy Court for the Southern District of Florida...
Judge(s):
TJOFLAT and MARTIN, Circuit Judges, and Robert T. DAWSON, United States District Judge for the Western District of Arkansas, sitting by designation
REVERSING the bankruptcy court's order denying the debtors' motion to avoid Commercial Bank's judicial lien, the Eighth Circuit BAP held that because both debtors' property would be exempt under...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
13 years 11 months ago
Citation:
In re Stone Resources, Inc., No. 11-2888 (3d Cir. May 29, 2012) (not precedential)
Ruling:
A District Court must review a Bankruptcy Court decision denying relief from the automatic stay under an abuse of discretion standard and cannot engage in its own fact finding when engaging in such...
DISSMISSAL of appeal due to untimeliness and AFFIRMING lower court's denial of creditor's motion for reconsideration of order in connection with a motion to amend.
Judge(s):
US Bankruptcy Appellate Panel Judges, Boroff, Deasy and Bailey.
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 11 months ago
Citation:
Case No. KS-10-084 (B.A.P. 10th Cir. May 7, 2012)
Ruling:
The Bankruptcy Appellate Panel ("BAP") for the Tenth Circuit AFFIRMED the bankruptcy court's order ruling that a lender's mortgage interest in property has priority over mechanics' lien claims. ...
Wright v. Owens Corning, Case No. 11-2026 (3d Cir. May 18, 2012) (Precedential)
Ruling:
AFFIRMING in part and REVERSING in part judgment of the United States District Court for the Western District of Pennsylvania. The Third Circuit Court of Appeals confirmed its test for defining a...
Lorraine McNeal v. GMAC Mortgage, LLC, et al., Case No.:11-11352 (11th Cir. May 11, 2012)(unpublished)(per curiam).
Ruling:
The Eleventh Circuit held that a wholly unsecured junior lien on a Chapter 7 debtor's home may be "stripped off" pursuant to Section 506(d) of the Bankruptcy Code.
