Sixth Circuit, in a per curiam opinion in a non-bankruptcy case, affirmed dismissal of borrowers' complaint alleging (1) breach of fiduciary duty; (2) negligence/negligence per se; (3) common law...
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....
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.
8th Cir. Court of Appeals (Case No 12-1398 - Filed Nov 8, 2012)
Ruling:
REVERSED the District Court's dismissal of quiet-title cause of action, AFFIRMED the dismissal of all the homeowners claims with prejudice, and REMAND for proceedings consistent with decision.
10th Cir. B.A.P. - BAP No. KS - 11-096 (Bankr. Case No 09-12159)
Ruling:
REVERSE lower court's ruling, concluding that the bankruptcy court did not have the authority to award damages to debtors, Jeffrey P Houlik and Charla Houlik, in the amount of $474.86 actual...
Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
13 years 5 months ago
Citation:
In re Michael, No. 11-1992 (3d Cir. Oct. 26, 2012)
Ruling:
The Third Circuit Court of Appeals held that if, upon conversion of a Chapter 13 case to a case under Chapter 7, the Chapter 13 trustee is holding funds acquired post-petition by the debtor for...
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
13 years 5 months ago
Citation:
Leafty v. Aussie Sonoran Capital, LLC (In re Leafty), Case No. AZ-11-1491-JuBrD (B.A.P. 9th Cir. Oct. 10, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) held that the bankruptcy court did not abuse its discretion when the court dismissed the debtor's second case because she was...
Judge(s):
Hon. Meredith A. Jury; Julia W. Brand and Randall L. Dunn (U.S. Bankruptcy Appellate Panel, Ninth Circuit, J. Brand, Bankruptcy Judge for the Central District of California, sitting by designation). Appeal from a ruling by Hon. Redfield T. Baum (Bankruptcy Court Judge for the District of Arizona)
Olick v. Kearney (In re Olick), No. 12-1147, 2012 WL 4239423 (3d Cir. Sept. 21, 2012) (not precedential)
Ruling:
AFFIRMING three decisions from the United States Bankruptcy Court for the Eastern District of Pennsylvania, the Court of Appeals for the Third Circuit held that:
(1) plaintiff-appellant waived...
Judge(s):
Jordan, Hardiman and Aldisert, Third Circuit Judges