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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):

Southwestern Electric Power Co. v. Committee of Certain Members of Cajun Electric (In re Cajun Electric Power Cooperative, Inc.)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan
  • 13 years 12 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
Tag(s):

Allen v. US Bank (In re Allen)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 14 years 2 days 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.
Judge(s):
Pappas, Dunn, and Hollowell, Bankruptcy Judges
Tag(s):

Samson v. Western Capital Partners, LLC (In re Blixseth)

Citation:
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...
Judge(s):
Ronald M. Gould, Jay S. Bybee, and Carlos T. Bea.
Tag(s):

Alderwoods Group, Inc. v. Garcia

  • Summarized by Jennifer Kimble , Eversheds Sutherland LLP
  • 14 years 3 weeks ago
Citation:
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
Tag(s):

White v. Commercial Bank and Trust Co. (In re White)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 14 years 3 weeks ago
Citation:
Case Nos. 11-6032 & 11-6033 (B.A.P. 8th Cir. Nov. 16, 2011)
Ruling:
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...
Judge(s):
Kressel, Schermer and Saladino, Bankruptcy Judges
Tag(s):

In re Stone Resources, Inc.

  • Summarized by Thomas Horan , U.S. Bankruptcy Court
  • 14 years 3 weeks 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...
Judge(s):
Greenway, Jr.; Roth; and Tashima, Circuit Judges
Tag(s):

Banco Bilbao Vizcaya Argentaria Puerto Rico v. Vazquez (In re Vazquez)

Citation:
B.A.P. 1st Cir (Case No 09-01574-BKT)
Ruling:
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.
Tag(s):

Brown Commercial Construction Co. v. Corbin Park, L.P. (In re Corbin Park, L.P.)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 14 years 3 weeks 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. ...
Judge(s):
Cornish, Michael, and Thurman
Tag(s):

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