Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 6 months ago
Citation:
Starion Financial v. McCormick (In re McCormick), 8th Cir. B.A.P (No. 14-6008), December 24, 2014
Ruling:
The 8th Circuit Bankruptcy Appellate Panel reversed the bankruptcy court’s order denying Starion Financial's Motion to Compel Payment of Fees Under the Confirmed Plan of Reorganization and...
Judge(s):
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges. Opinion authored by Judge Shodeen.
In accordance with Tenth Circuit precedent, a chapter 11 debtor’s untimely application to employ counsel pursuant to § 327 may only be granted retroactively to the petition date upon a showing...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 6 months ago
Citation:
Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]
Ruling:
In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case because the...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 6 months ago
Citation:
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 7 months ago
Citation:
Jalonowski v. Jean (In re Jean), 9th Cir. B.A.P., BAP No. NC-14-1198-KuPaJu (November 21, 2014) [Unpublished]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s orders confirming the debtors chapter 13 plan and denying the appellants dismissal motion and...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
11 years 8 months ago
Citation:
Nos. 13-2226, 13-2288, 13-2300
Ruling:
As an issue of first impression, the Second Circuit held that the equitable mootness analysis set out in Chateaugay II applies to Chapter 11 liquidations. As with a reorganization, substantial...
The district court's determination that the bankruptcy court orders in question unambiguously provide for pro rata distribution to all holders of general unsecured claims, including tort claims is...
Summarized by Cullen Brown , Bradley Arant Boult Cummings LLP
11 years 9 months ago
Citation:
13-11810
Ruling:
A defendant in an adversary proceeding was not a "person aggrieved" by the bankruptcy court's order extending the litigation bar date, and thus could not appeal such order.
Minnesota Housing Finance Agency v. Schmidt (In re Schmidt), No. 13-2447 (8th Cir. 2014)
Ruling:
Eighth Circuit Court of Appeals affirmed U.S. District Court, which affirmed bankruptcy court's confirmation of Chapter 13 plan over objection of creditor. Issue was whether Chapter 13 debtor...
