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Home » Bankruptcy Process and Procedure » Plan Confirmation

Valone v. Waage (In re Valone)

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 10 years 10 months ago
Citation:
14-11457; D.C. Docket No. 2:13-cv-00171-SPC, Bkcy No. 9:12-bkc-02265-FMD
Ruling:
The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's...
Judge(s):
Wilson, Fay, and Ripple, Circuit Judges
Tag(s):

Baker Hughes Oilfield Operations, Inc. v. Morton (In the Matter of R.L. Adkins Co.)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 10 years 10 months ago
Citation:
Case No. 14-10768 (5th Cir. April 23, 2015)
Ruling:
Appellant was not entitled to maintain its Section 1111(b) election because the confirmed plan provided for a sale of the appellant's collateral and appellant failed to provide notice of its intent...
Judge(s):
REAVLEY, JONES, and ELROD, Circuit Judges.
Tag(s):

CA Franchise Tax Board v. Wilshire Courtyard (In re Wilshire Courtyard)

  • Summarized by David Shemano , ShemanoLaw
  • 10 years 11 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel, BAP No. CC-10-1275-SaPaki (April 7, 2015)
Ruling:
Bankruptcy court order determining that characterization of transaction in confirmed plan was binding on taxing authority was reversed. Upon de novo review, bankruptcy court order determining that...
Judge(s):
Sargis, Pappas and Kirscher
Tag(s):

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

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 10 years 11 months ago
Citation:
O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.), 2015 WL 1528302 (8th Cir. BAP April 7, 2015)
Ruling:
Bankruptcy Appellate Panel dismissed debtor's appeal from order confirming its third amended plan on grounds that the debtor did not have standing and the debtor's arguments were moot.
Judge(s):
Kressel, Schermer, and Nail
Tag(s):

Pawtucket Credit Union v. Boyajian

  • Summarized by Guy Moss ,
  • 10 years 11 months ago
Citation:
United States Bankruptcy Appellate Panel for the First Circuit, Nos. RI 14-049, 14-051, March 31, 2015
Ruling:
Reversing and remanding, the First Circuit BAP concluded that the binding effect of a confirmed chapter 13 plan prevails over a claim that is disallowed under the claims allowance process set forth...
Judge(s):
Kornreich, Tester, and Cary
Tag(s):

SE Property Holdings, Inc. v. Seaside Engineering & Surveying, Inc. (In re Seaside Engineering & Surveying, Inc.)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 11 years 1 week ago
Citation:
--- F.3d ---- (11th Cir. Mar. 12, 2015)
Ruling:
Affirmed. Equity holder being paid in full for interest in debtor under plan cannot block plan by insisting on being equity holder in reorganized debtor. Going concern method was appropriate...
Judge(s):
MARTIN, ANDERSON, and COTE (District Judge (S.D.N.Y) sitting by designation)
Tag(s):

Civic Partners Sioux City, LLC v. Main Street Theaters, Inc. (In re Civic Partners Sioux City, LLC)

Citation:
No. 13-3636 (8th Cir. Mar. 3, 2015).
Ruling:
The Court of Appeals lacks jurisdiction over appeals from non-final orders of the Bankruptcy Appellate Panel. In particular, an order denying confirmation of a chapter 11 plan of reorganization is...
Judge(s):
Murphy, Smith, and Gruender.
Tag(s):

Lei v. Yan (In re Yan)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 3 weeks ago
Citation:
Lei v. Yan (In re Yan), 9th Cir. B.A.P (NC-14-1266-JuTaPa), February 26, 2015 [Not for Publication]
Ruling:
In an unpublished opinion the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court’s denial of creditor motion seeking damages for violations of the automatic stay under...
Judge(s):
JURY, TAYLOR, and PAPPAS, Bankruptcy Judges.
Tag(s):

Kitron; Angello v. Valley Health System (In re Valley Health System)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 3 weeks ago
Citation:
Kitron, et al. v. Valley Health System (In re Valley Health System), BAP No. CC-11-1100-DPaTa (BAP 9th Cir. Feb. 24, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court dismissing under Rule 12 suit commenced by creditors against chapter 9 debtor and other parties. BAP agreed that appellants'...
Judge(s):
Dunn, Pappas, Taylor
Tag(s):

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