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Doug Woods v. Chavon Marie Landingham

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Home » Bankruptcy Process and Procedure » Plan Confirmation

Bank of America, N.A. v Horizon Ridge Medical & Corporate Center, LLC (In re Horizon Ridge Medical & Corporate Center, LLC)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 3 weeks ago
Citation:
BAP No. NV-14-1532-DJuKi (BAP 9th Cir. Feb. 23, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of bankruptcy court (D. Nev.), allowing fees for debtor's second bankruptcy counsel in the amount of $513k, notwithstanding confirmation of the lead...
Judge(s):
Dunn, Jury, Kirscher
Tag(s):

Zachary, et al. v. California Bank & Trust

Citation:
Ninth Circuit Court of Appeals - No. 13-16402
Ruling:
The absolute priority rules applies in individual Chapter 11 cases. The exception created by BAPCPA only applies to property acquired by the debtor after the commencement of the case.
Judge(s):
Hurwitz, Paez, Murguia
Tag(s):

Village Green I, GP v. Federal National Mortgage Assoc. (In re Village Green I, GP)

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 10 years 1 month ago
Citation:
File Name 16a0018p.06; Docket No. 14-6521
Ruling:
Affirming the District Court for the Western District of Tennessee, the Sixth Circuit held that the single-asset real estate debtors' plan was not filed in good faith, and upheld dismissal of the...
Judge(s):
Guy, Moore and Kethledge; opinion by Kethledge
Tag(s):

O&S Trucking, Inc. v. Mercedes Benz Financial Services, USA (In re O&S Trucking, Inc.)

Citation:
No. 15-2048 (8th Cir. Jan. 22, 2016).
Ruling:
Bankruptcy Appellate Panel correctly dismissed as moot debtor’s appeal from order confirming chapter 11 plan, where debtor had not objected to its plan prior to confirmation. Affirmed.
Judge(s):
Colloton, Gruender, and Shepherd.
Tag(s):

Adinolfi v. Meyer (In re Adinolfi)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 10 years 2 months ago
Citation:
9th Cir. BAP No. EC-15-1091-JuFD (published Feb. 19, 2016)
Ruling:
The exclusion from a Chapter 13 debtor's "disposable income" for “benefits received under the Social Security Act” also excludes Adoption Assistance payments; such payments are “benefits...
Judge(s):
FARIS, DUNN, and JURY, Bankruptcy Judges
Tag(s):

In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 3 months ago
Citation:
In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).
Ruling:
A discharge-ineligible chapter 13 debtor may avoid a lien under section 506(d) after the bankruptcy court has disallowed the creditor’s proof of claim.
Judge(s):
Richard A. Perez, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Bybee.
Tag(s):

Carswell v. Rojas, et al. (In re Carswell)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 3 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-15-1100-KuKiTa (December 11, 2015)
Ruling:
In the Memorandum opinion by the Ninth Circuit Bankruptcy Appellate Panel ("BAP") deemed no appropriate for publication, the BAP affirmed the bankruptcy court's order dismissing the Chapter 13...
Judge(s):
Honorable KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges.
Tag(s):

Franklin High Yield Tax-Free Income Fund v. City of Stockton, California (In re City of Stockton, California)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 3 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1550-DJuF (December 11, 2015) Published
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") dismissed, as equitably moot, Franklin High Yield Tax-Free Income Fund and Franklin California High Yield Municipal Fund (collectively,...
Judge(s):
Honorable DUNN, JURY AND FARIS, Bankruptcy Judges
Tag(s):

FB Acquisition Property I, LLC v. Gentry (In re Gentry)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 3 months ago
Citation:
FB Acquisition Property I, LLC v. Gentry, et al. (In re Gentry), Case No. 14-1441 (10th Cir. December 8, 2015). Published.
Ruling:
To be confirmed, a Chapter 11 plan must be feasible and a feasible plan is not a guarantee of success but rather offers a reasonable assurance of success. Further, the general rule under Colorado...
Judge(s):
Kelly, Hart, Gorsuch (Kelly)
Tag(s):

Hewlett-Packard Financial Services Co. v. Alternate Graphics, Inc. (In re Alternate Graphics, Inc.)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 10 years 4 months ago
Citation:
9th Cir. BAP No. CC-14-1193-DTaKu (Oct. 29, 2015) (unpublished)
Ruling:
BAP affirmed Debtor's $90,000 valuation of printing press in Chapter 11 plan as basis for payment of secured debt, affirmed award of discovery sanctions against creditor, and dismissed as equitably...
Judge(s):
DUNN, TAYLOR AND KURTZ, Bankruptcy Judges.
Tag(s):

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