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Clementson v. Countrywide Financial Corp.

Citation:
Case No: 11-1272 (10th Cir. 2012)
Ruling:
The 10th Circuit Court of Appeals ruled in favor of creditor Bank of America ("BAC" or "Creditor"), as successor in interest to Countrywide Financial, affirming the judgment of the district court.
Judge(s):
Kelly, Murphy and Holmes - Circuit Judges
Tag(s):

Cawley v. Celeste (In re Athens/Alpha Gas Corp.)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 14 years 3 months ago
Citation:
No. 11-6061 (B.A.P. 8th Cir. Feb. 1, 2012)
Ruling:
The Eighth Circuit affirmed the decision of the bankruptcy court denying a creditor's motion to determine his claim, on the grounds that the bankruptcy court lacked subject matter jurisdiction to...
Judge(s):
Venters, Saladino, Nail
Tag(s):

Continental Insurance Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.)

Citation:
No. 10-55744; D.C. No. 2:08-cv-07862-DSF; 12 Cal. Daily Op. Serv. 939; 2012 WL 255231
Ruling:
The Ninth Circuit Court of Appeals affirmed the District Court which had affirmed the Bankruptcy Court. The Bankruptcy Court had the discretion to decline to enforce the otherwise applicable...
Judge(s):
Gould and Schroeder, Circuit Judges and Seeborg, District Judge, Northern District of California, sitting by designation
Tag(s):

Badami v. Sears (In re AFY, Inc.)

Citation:
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6065
Ruling:
The BAP held that the dispute involving the parties' respective claims regarding the life insurance policy in question was a core proceeding under 28 U.S.C. 157(b)(2), and that the bankruptcy court...
Judge(s):
Kressel, Schermer, and Venters
Tag(s):

Nicholas v. Allianceone Receivables Management, Inc.

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 14 years 4 months ago
Citation:
11-13764; D.C. Docket No. 0:10-cv-60783-KMM
Ruling:
The Eleventh Circuit Court of Appeals affirmed the District Court's holding that where a consumer prevails in a lawsuit brought under the Fair Debt Collection Practices Act, the consumer may not...
Judge(s):
Dubina, Pryor and Kravitch
Tag(s):

Smith v. Entrepreneur Media, Inc. (In re Smith)

Citation:
No. 10-60009 (9th Cir., Feb. 10, 2012) (unpublished)
Ruling:
This Court’s de novo review affirms the lower court’s decision in finding that the debt in question resulted from a willful and malicious injury and therefore was not subject to discharge under...
Judge(s):
Goodwin, Wallace, and Mckeown
Tag(s):

In re Holly Marine Towing, Inc.

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
  • 14 years 4 months ago
Citation:
In re Holly Marine Towing, Inc., ---- WL ----, No. 11-1787 (7th Cir. Jan. 6, 2012)
Ruling:
The Court ruled that, notwithstanding the appellant's standing as the holder of an allowed Chapter 11 administrative claim against the now-converted debtor to seek to have an order approving a...
Judge(s):
Bauer, Manion, Kane
Tag(s):

McCoy v. Mississippi State Tax Commission (In re McCoy)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 14 years 4 months ago
Citation:
Case No. 11-60146 (5th Cir. January 4, 2012)
Ruling:
In affirming the dismissal of an adversary complaint seeking a declaration that a state tax liability had been discharged, the 5th Circuit held that unless a late-filed tax return is filed under a...
Judge(s):
King, Jolly and Wiener, Circuit Judges
Tag(s):

In re Machne Menachem, Inc.

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 14 years 4 months ago
Citation:
In re Machne Menachem, Inc., No. 11-1496 (3d Cir. Jan 3., 2012)
Ruling:
The United States Court of Appeals for the Third Circuit affirmed the judgment of the United States District Court for the Middle District of Pennsylvania affirming a bankruptcy court decision that...
Judge(s):
Fuentes, J.; Chagares, J.; and Restani, J. (Judge of the United States Court of International Trade, sitting by designation)
Tag(s):

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