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EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc.

  • Summarized by Hale Lake , Hinshaw & Culbertson, LLP
  • 11 years 10 months ago
Citation:
EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc., BAP No. PR 13-055 (1st Cir. B.A.P. July 31, 2014
Ruling:
The Bankruptcy Appellate Panel for the First Circuit (the “B.A.P.”) reversed the Bankruptcy Court’s dismissal of the Chapter 11 case of debtor, EPR Marine Welding Construction Services, Inc....
Judge(s):
Hillman, Hoffman, Finkle
Tag(s):

In re Cain

  • Summarized by Caralyce Lassner , Caralyce M. Lassner, JD
  • 11 years 11 months ago
Citation:
14 FED App.0005P (6th Cir.) (BAP)
Ruling:
A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s):
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
Tag(s):

Viegelahn v. Harris, III (In the Matter of Harris, III)

  • Summarized by John Jones , N/a
  • 11 years 11 months ago
Citation:
Case No. 13-50374 (5th Cir. July 7, 2014)
Ruling:
REVERSED district court's holding that payments in possession of Chapter 13 trustee at time of case conversion from Chapter 13 to Chapter 7 be returned to debtor and remanded case back to district...
Judge(s):
Benavides, Clement and Graves, Circuit Judges.
Tag(s):

National Heritage Foundation, Inc. v. Highbourne Foundation

  • Summarized by Cara Murray , Whiteford Taylor Preston LLP
  • 11 years 11 months ago
Citation:
No. 13-1608 (4th Cir. June 27, 2014)
Ruling:
The Circuit Court affirmed the bankruptcy court's ruling that the non-debtor release provision in the debtor's Chapter 11 reorganization plan was unenforceable.
Judge(s):
Circuit Court, Diaz (author), Wilkinson and Agee Bankr. E.D.V.A., Trenga
Tag(s):

Bullard v. Hyde Park Savings Bank (In re Bullard)

  • Summarized by William Amann , Amann Burnett, PLLC
  • 12 years 1 month ago
Citation:
U.S.C.A., 1st Cir., No. 13-9009
Ruling:
An intermediate appellate court's affirmance of a bankruptcy court's denial of confirmation of a reorganization plan is not a final order appealable under § 158(d)(1) so long as the debtor...
Judge(s):
Thompson, Stahl and Kayatta
Tag(s):

Ice House America, LLC v. Charles Cardin

  • Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
  • 12 years 1 month ago
Citation:
2014 U.S. App. LEXIS 8882, 2014 FED App. 0099P (6th Cir.), 6th Circuit Appellate Case No. 13-5764, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 2:12-cv-00463
Ruling:
The United States Court of Appeals for the Sixth Circuit held that the “absolute-priority rule” applies to individual Chapter 11 debtors; therefore, objecting impaired unsecured creditors must...
Judge(s):
Richard Fred Suhrheinrich Eugene Edward Siler, Jr. Raymond Kethledge
Tag(s):

Muth v. Muth (In re Muth)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 1 month ago
Citation:
Muth v. Muth (In re Muth) 10 Cir. B.A.P., CO-13-055 (May 1, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 10th Circuit Bankruptcy Appellate Panel Affirmed the ruling by the Bankruptcy Court that dismissed the debtor's chapter 11 case and the award of attorney's fees to...
Judge(s):
THURMAN, Chief Judge, CORNISH, and MICHAEL, Bankruptcy Judges.
Tag(s):

SW Boston Hotel Venture, LLC v. The Prudential Ins Co (Nos. 12-9008, 12-9009, 12-9011 and 12-9012)

  • Summarized by Lynne Xerras , Holland & Knight LLP
  • 12 years 2 months ago
Citation:
U.S. Court of Appeals, First Circuit ("First Circuit") Case Nos. 12-9008, 12-9009
Ruling:
First Circuit affirmed ruling of Bankruptcy Appellate Panel for the First Circuit (the "BAP") that appeals from orders of U.S. Bankruptcy Court, District of Massachusetts (J. Feeney)("Bankruptcy...
Judge(s):
J. Lynch, J. Stahl, J. Howard
Tag(s):

Adelphia Recovery Trust v. Goldman

  • Summarized by Ferve Ozturk , BakerHostetler
  • 12 years 2 months ago
Citation:
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling:
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the...
Judge(s):
Winter, Walker, Cabranes
Tag(s):

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