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Home » Bankruptcy Process and Procedure » Court Administration

Smith v. Atlantic Southern Bank (In re Smith)

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 12 years 8 months ago
Citation:
Smith v. Atlantic Southern Bank (In re Smith), Case No. 12-12973 (11th Cir. June 28, 2013) (unpublished) (per curiam)
Ruling:
AFFIRMING the District Court, the 11th Circuit held that creditor had both statutory and constitutional standing to seek (i) relief from the automatic stay to institute foreclosure proceedings and...
Judge(s):
Carnes, Barkett, and Fay
Tag(s):

Marshall v. Marshall (In re Marshall)

  • Summarized by Lovee Sarenas , Sklar Hirsh
  • 12 years 8 months ago
Citation:
No citation as of yet
Ruling:
The Ninth Circuit upheld the decision of the District Court to affirm three decisions of the Bankruptcy Court involving the chapter 11 bankruptcy estate of Howard Marshall III and his wife, Ilane...
Judge(s):
Hon. David Ebel (sitting by designation from the 10th Circuit); Hon. Kim McLane Wardlaw; and Hon. Jacqueline Nguyen deciding an appeal from the decision of district court judge, David Carter.
Tag(s):

Stephen v. May (In re Stephen)

Citation:
BAP No. EC-12-1393-MkDJu (B.A.P. 9th Cir. Apr. 9, 2013) (NOT FOR PUBLICATION)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in dismissing the debtor's case because the debtor did not establish...
Judge(s):
MARKELL, DUNN and JURY
Tag(s):

Elliott v. Sutton (In re Elliott)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 1 month ago
Citation:
No. 12-30707 (5th Cir. Jan. 7, 2013)
Ruling:
Affirming the judgment of the District Court for the Western District of Louisiana (“the DC”), the Fifth Circuit held that a bankruptcy court may sua sponte convert a debtor’s Chapter 13...
Judge(s):
Higginbotham, Owen, and Southwick, Circuit Judges.
Tag(s):

Mitchell v. Weinman (In re Mitchell)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 3 months ago
Citation:
No. CO-11-086 (B.A.P. 10th Cir. Dec. 3, 2012)
Ruling:
Affirming the Bankruptcy Court for the District of Colorado, the Bankruptcy Appellate Panel for the Tenth Circuit held that: (1) the bankruptcy court (“BC”) had subject matter jurisdiction...
Judge(s):
Cornish, Rasure, and Somers, Bankruptcy Judges.
Tag(s):

Ad Hoc Group of Vitro Noteholders v. Vitro SAB de CV (In re Vitro SAB de CV)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 13 years 3 months ago
Citation:
Case No. 12-10542 (5th Cir. November 28, 2012)
Ruling:
AFFIRMED, in consolidated appeals arising from a Chapter 15 proceeding, district court's judgment recognizing the Mexican reorganization proceeding and appointment of foreign representatives and...
Judge(s):
King, Smith, and Barksdale, Circuit Judges
Tag(s):

Keyser v. Wasatch Towers Condominium Owners Association, Inc. (In re Keyser)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 3 months ago
Citation:
No. 12-4114 (10th Cir. Nov. 27, 2012)
Ruling:
Affirming the Bankruptcy Appellate Panel, the Tenth Circuit dismissed an appeal by Steven Keyser (“Debtor”) for lack of jurisdiction because his notice of appeal was untimely under Fed. Rul....
Judge(s):
Murphy, Ebel, and Hartz, Circuit Judges.
Tag(s):

Rayner v. Reeves (In re Reeves)

Citation:
10th Circuit Court of Appeals (Case No/ 11-1574) Entered - November 21, 2012
Ruling:
AFFIRMATION of the 10th Circuit Bankruptcy Appellate Panel's (BAP) ruling denying debtor, Arthur James Reves, an extension of time to file a notice of appeal.
Judge(s):
Lucero, Tymkovich and Holmes.
Tag(s):

Beaulieu v. Ragos (In re Ragos)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 13 years 4 months ago
Citation:
Beaulieu, v. Ragos (In re: Ragos), Case No. 11-31046 (5th Cir. October 29, 2012)
Ruling:
Social Security income should not be included in a Chapter 13 debtor’s projected disposable income and may be excluded from the debtors’ plan payments. The debtors' retention of exempt social...
Judge(s):
Davis, Dennis and Haynes
Tag(s):

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