Summarized by Colin Robinson , Pachulski Stang Ziehl & Jones LLP
14 years 1 month ago
Citation:
No. 11-20777 (5th Cir. March 20, 2012)
Ruling:
An affidavit filed in support of a claimant's lien against mineral property did not indicate it was sworn in the presence of the affiant. The failure to provide a properly sworn affidavit in...
Affirming bankruptcy court's denial of Bank's motion for permission to file late clam. Holding: Bankruptcy court did not abuse its discretion in finding that Bank failed to show that failure to...
In re Perales, ___ B.R. ___ (B.A.P. 6th Cir. 2012)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed a bankruptcy court’s order granting the Chapter 7 debtor’s motion to redeem his motor vehicle for the lump...
Judge(s):
Emerson, McIvor, and Preston, Bankruptcy Appellate Panel Judges
The standard for review of a bankruptcy court's interpretation of its own order is "abuse of discretion," which is "nearly indistinguishable from the clearly erroneous standard." A bankruptcy...
Judge(s):
Federman, Nail, and Venters (writing), Bankruptcy Judges
No. 11-10445 (5th Cir. March 9, 2012) (unpublished opinion and not precedent except as provided by 5TH CIR. R. 47.5.4)
Ruling:
The Fifth Circuit Court of Appeals agreed with the bankruptcy court and held that a Chapter 11 plan was ambiguous because (1) it did not explicitly state the manner in which a subordinated creditor...
William McIntyre v. BNC Mortgage, LLC (In re McIntyre), Ch. 7 Case No. 10-56185, D.C. No. 2:09-cv-02327-ABC (9th Cir. Mar. 5, 2012).
Ruling:
A lienholder with a recorded equitable lien has priority over an unrecorded lien for attorney's fees if the lienholder qualifies as a bona fide purchaser for value.
Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 2 months ago
Citation:
12a0069p.06; Docket No. 10-2103
Ruling:
In affirming the rulings of the courts below overruling the objection of the Michigan Department of Treasury ("Treasury") to the debtor's protective claim, the Sixth Circuit Court of Appeals held...
Judge(s):
Martin, Gibbons and Steeh (District Judge); authored by Hon. Julia Smith Gibbons
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
14 years 2 months ago
Citation:
Docket No. 10-2723-bk (2nd Cir. February 28, 2012)
Ruling:
The Bankruptcy Court should not have applied the choice of law rules of New York, where Coudert Brothers LLP filed for Chapter 11 protection, but instead the choice of law rules of Connecticut,...
Summarized by Frank Volk , U.S. Bankruptcy Court, Southern District of West Virginia
14 years 2 months ago
Citation:
SunTrust Bank, N.A. v. Macky (In re McCormick), No. 10-2027, --- F.3d ----, 2012 WL 414667 (4th Cir. Feb. 10, 2012).
Ruling:
The same notice imputed to a bona fide purchaser is that which is enjoyed by a trustee pursuant to 11 U.S.C. § 544(a)(3), thus permitting the trustee under applicable North Carolina law to rely...
Judge(s):
Hon. Paul V. Niemeyer, Hon. G. Steven Agee, and Hon. James A. Wynn, Jr.
The 5th Circuit reversed and remanded granting of summary judgment in Debtor Shcolnik's favor on issue of willful and malicous injury under 11 U.S.C. 523(a)(6) if Debtor's claims of ownership were...
Judge(s):
Chief Judge Jones, Circuit Judges Haynes and Crone
