AFFIRMED bankruptcy court's injunctive relief, concluding that post-confirmation jurisdiction existed, and that the prior settlement order barred the defendant (Galaz) from pursuing claims against...
In re Castellino Villas, A.K.F. LLC, No. 12-57186 (9th Cir. Sep. 6, 2016). Published.
Ruling:
A chapter 11 debtor that continues after plan confirmation to defend a creditor’s prepetition lien-enforcement action has not “returned to the fray,” and the creditor’s postpetition...
Judge(s):
Michael J. Melloy, Senior Circuit Judge for the Eighth Circuit Court of Appeals, and Jay S. Bybee and Sandra S. Ikuta, Ninth Circuit Judges. Opinion by Judge Ikuta.
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 11 months ago
Citation:
Sanders v. Cohen (In re Sanders), Case No. CC-15-1284-FKiKu (9th Cir. BAP Jul. 15, 2016) (unpublished)
Ruling:
Bankruptcy court afforded chapter 13 debtor adequate notice and an opportunity to be heard; thus, bankruptcy court's dismissal of debtor's case did not violate his due process rights and is affirmed.
Florida Agency for Health Care Administration, United States of America v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC), Case No. 15-13731 (11th Cir. July 11, 2016).
Ruling:
The Eleventh Circuit held that the bankruptcy court erred as a matter of law when it exercised subject matter jurisdiction over certain provider agreements. By virtue of Medicare’s...
The Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the Chapter 11 Liquidating Trustee's ("Trustee") proposed settlement related to pre-petition transfers. The...
Bankruptcy court properly ruled that Chapter 11 debtor's alleged 50% interest in an LLC was based upon a breach of an alleged oral agreement, which claim was time-barred under CCP Section 339's...
Summarized by Rachel Greenleaf , U.S. Bankruptcy Court, Eastern District of Virginia
10 years 1 month ago
Citation:
No. 15-1505, (4th Cir. Apr. 27, 2015)
Ruling:
Chapter 13 plan that provided for payment of pre-petition arrears and post-petition payments for primary residence at non-default interest rate violated the non-modification provision of section...
Judge(s):
Before WILKINSON and NIEMEYER, Circuit Judges, and David C. NORTON, United States District Judge for the District of South Carolina, sitting by designation. Judge Wilkinson wrote the opinion, in which Judge Niemeyer and Judge Norton joined.
Trial court held that Tennessee statute governing penalties on delinquent tax debt applicable only to claims in bankruptcy cases was unconstitutional as a violation of the Supremacy Clause. Panel...
Bankruptcy court properly confirmed Chapter 13 Plan over good faith objections and other objections raised by Creditor. The BAP affirmed the bankruptcy court's order confirming the Chapter 13 Plan.
