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Adler v. Frost (In the Matter of Gulf States Long Term Acute Care of Covington, L.L.C.)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 10 years 9 months ago
Citation:
No. 14-31109 (5th Cir. June 11, 2015) - Designated not for publication
Ruling:
Affirmed.
Judge(s):
HIGGINBOTHAM, DAVIS, and SOUTHWICK Per Curiam
Tag(s):

Young v. Young (In re Young)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 10 years 9 months ago
Citation:
2015 WL 3756720
Ruling:
Eighth Circuit affirmed bankruptcy court's imposition of sanctions on debtor's counsel for mischaracterizing post-petition alimony as pre-petition and for certifying that the debtor was current on...
Judge(s):
Loken, Melloy, and Gruender
Tag(s):

Mohammed v. Great Atlantic & Pacific Tea Co., Inc.

  • Summarized by Nancy Kourland , Rosen & Associates, P.C.
  • 10 years 9 months ago
Citation:
Case No. 14-3415 (2d Cir. June 10, 2015)
Ruling:
In Mohammed v. Great Atlantic & Pacific Tea Company, Inc., the Court of Appeals for the Second Circuit affirmed the decision of the United States District Court for the Southern District of New...
Judge(s):
Wesley, Hall, and Lohier
Tag(s):

Auyeung v. Christensen (In re Auyeung)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 9 months ago
Citation:
In re Auyeung, BAP No. EC-14-1382-JuKuPa (9th Cir. B.A.P. June 9, 2015).
Ruling:
Judicial estoppel barred chapter 13 debtors from avoiding a judicial lien on their homestead. In a prior chapter 13 case, they failed to comply with a confirmed plan requiring them to sell the...
Judge(s):
Meredith A. Jury, Frank L. Kurtz, and Jim D. Pappas, Bankruptcy Judges.
Tag(s):

Villalon v. Burchard (In re Villalon)

Citation:
Villalon v. Burchard (In re Villalon), Case No. 14-1414 (9th Cir. B.A.P. May 22, 2015) (unpublished).
Ruling:
The bankruptcy court did not abuse its discretion in dismissing Debtor's chapter 13 case, as Debtor imposed prejudicial, unreasonable delay on a creditor and failed to make timely payments.
Judge(s):
Kirscher, Taylor, and Dunn.
Tag(s):

Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.)

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 10 years 9 months ago
Citation:
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and...
Judge(s):
Hardiman, Scirica, and Barry, Circuit Judges
Tag(s):

Seifert v. Carlson (In re Seifert)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 10 years 9 months ago
Citation:
Seifert v. Carlson (In re Seifert), _ B.R. _, 2015 WL 3404317 (8th Cir. BAP May 22, 2015)
Ruling:
As the dispute over a chapter 12 debtor's exemption claim as to crop proceeds was not rendered moot by payment of those proceeds to a secured lender, the matter was reversed and remanded for...
Judge(s):
Federman, Nail, and Shodeen
Tag(s):

Bank of Commerce & Trust Co. v. Schupbach

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 10 months ago
Citation:
Bank of Commerce & Trust Co. v. Schupbach, et al. (In re Schupbach), Case No. 13-068 (10th Cir. May 19, 2015). Unpublished.
Ruling:
Creditor’s appeal of dismissal of non-dischargeability claims are rendered constitutionally moot when reorganization plan treats creditor’s claim as satisfied in full and creditor does not object.
Judge(s):
Briscoe, McKay, Phillips (McKay)
Tag(s):

Rael v. Wells Fargo Bank (In re Rael)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 10 years 10 months ago
Citation:
Rael v. Wells Fargo Bank (In re Rael), BAP No. WY-14-035 (10th Cir. BAP February 27, 2015)
Ruling:
Creditor did not violate the stay or the terms of the individual debtors' confirmed chapter 11 plan when it sought to enforce its preserved lien rights in state court rather than returning to the...
Judge(s):
Karlin, Somers, and Jacobvitz
Tag(s):

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