Adelphia Recovery Trust v. Goldman

Citation:
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling:
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the...
Judge(s):
Winter, Walker, Cabranes
Tag(s):

Spokane Law Enforcement FCU v. Barker (In re Barker)

Citation:
In Re Barker, 9th Cir. B.A.P., MT-13-1393-JuKuPa (March 28, 2014) [Unpublished]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court which held, the bankruptcy court did not have the discretion to allow a late filed...
Judge(s):
JURY, KURTZ, and PAPPAS,
Tag(s):

Hope 7 Monroe Street LP v. Riaso, LLC (In the Matter of Hope 7 Monroe Street LP)

Citation:
Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]
Ruling:
The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the...
Judge(s):
Ginsburg, Henderson and Brown
Tag(s):

Bank of New York Mellon v. GC Merchandise Mart, L.L.C. (In the Matter of Denver Merchandise Mart, Inc.)

Citation:
-- F.3d -- (5th Cir. 2014)
Ruling:
Affirmed judgment disallowing a $1.8 million portion of the lender's secured claim for a "Prepayment Consideration" under Colorado law because "[a]bsent a clear contractual provision to the...
Judge(s):
REAVLEY, DAVIS, and HIGGINSON (opinion from W. EUGENE DAVID)
Tag(s):

Shapiro v. Henson

Citation:
No. 11-16019, 9th Cir. Jan. 9, 2014 (For Publication)
Ruling:
The Ninth Circuit Court of Appeals held that Section 542 of the Bankruptcy Code and pre-Bankruptcy Code practice permit a trustee to seek turnover from an entity that had "possession, custody, or...
Judge(s):
N. Randy Smith, Jacqueline H. Nguyen, Gordon J. Quist
Tag(s):

Arvest Bank v. Cook (In re Cook)

Citation:
Arvest Bank v. Cook (In re Cook), Case No. 13-6014 (BAP 8th Cir., Jan. 9, 2014)
Ruling:
The BAP did not disturb the finding of the bankruptcy court that the Arvest Bank judgment lien had priority over Empire Bank's judgment lien; the BAP held that the guaranty obligations owed to...
Judge(s):
Saldino, Nail, and Shodeen
Tag(s):

Sapere Wealth Mgmt LLC v. MF Global Holdings Ltd. (In re MF Global Holdings Ltd.)

Citation:
No. 12-4254-bk (2d Cir. Dec. 6, 2013) (Summary Order)
Ruling:
Affirming District Court's judgment, dismissing Appellants' appeal from the Bankruptcy Court's order for lack of jurisdiction on the basis that the Bankruptcy Court's order was interlocutory rather...
Judge(s):
Walker, Cabranes, Lohier
Tag(s):

Porst v. Deutsche Bank National Trust Company

Citation:
B.A.P. No. MW 12-080 (B.A.P. 1st Cir. November 20, 2013) (NOT FOR PUBLICATION)
Ruling:
The B.A.P. AFFIRMED the bankruptcy court's dismissal of the Debtor's complaint, determining the bankruptcy court did not err in finding a trust's assignment of real property to the Debtor was...
Judge(s):
Lamoutte, Haines, and Deasy, U.S. Bankruptcy Appellate Panel Judges
Tag(s):

Thomas v. Federal National Mortgage Association (In re Thomas)

Citation:
United States Bankruptcy Appellate Panel of the 10th Circuit, Appeal No. WO-13-029.
Ruling:
The BAP affirmed the bankruptcy court's order confirming that Appellee had standing as a "party in interest" to seek a comfort order under 11 U.S.C. section 362(j), reviewing the bankruptcy court's...
Judge(s):
Karlin, Romero, and Jacobvitz, Bankruptcy Judges. Opinion by Karlin.
Tag(s):

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