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GOLDMAN SACHS BANK USA, V RHEA ANN BROWN; GREGORY KEVIN MAZE

Summarizing by Timothy Anzenberger

CURTIS V. AMMEC INVESTMENTS, II, ET AL.

Summarizing by Paris Gyparakis

A.B.C. Learning Centres Ltd. v. RCS Capital Development, LLC (In re RCS Capital Development, LLC; American Childcare Properties, LLC)

Citation:
(In re: RCS Capital Development) 9th Cir. B.A.P. No. AZ-12-1626-JuTaAh (July 16, 2013) NOT FOR PUBLICATION
Ruling:
Affirmed--In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel upheld the ruling by the bankruptcy court to confirm the Chapter 11 plan of RCS Capital Development. A.B.C. Learning...
Judge(s):
Bankruptcy Judges: Alan Ahart, Meredith Jury, Laura Taylor
Tag(s):

JPMorgan Chase Bank, N.A. v. Johnson

Citation:
8th Cir. (Court of Appeals - Eastern District of Arkansas - Jonesboro - July 9, 2013) Case Nos. 12-2370, 12-2686 and 12-3049
Ruling:
AFFIRMING the district court's ruling that JP Morgan Chase ("JP Morgan") is authorized to do business in Arkansas and may avail itself of the benefit of the Arkansas Statutory Foreclosure Act...
Judge(s):
Bye, Mellow and Smith.
Tag(s):

Marshall v. Marshall (In re Marshall)

Citation:
No citation as of yet
Ruling:
The Ninth Circuit upheld the decision of the District Court to affirm three decisions of the Bankruptcy Court involving the chapter 11 bankruptcy estate of Howard Marshall III and his wife, Ilane...
Judge(s):
Hon. David Ebel (sitting by designation from the 10th Circuit); Hon. Kim McLane Wardlaw; and Hon. Jacqueline Nguyen deciding an appeal from the decision of district court judge, David Carter.
Tag(s):

ML-CFC 2006-3 Seasons, LLC v. Seasons Partners LLC (In re Seasons Partners LLC)

Citation:
ML-CFC 2006-3 Seasons, LLC v. Seasons Partners LLC, Case No. 10-00772 (9th Circ. June 25, 2013) (Not for Publication)
Ruling:
The Ninth Circuit DISMISSED creditor's appeal of confirmation of Debtor's plan as equitably moot because creditor failed to seek a stay pending the appeal. Court also noted that even had a stay...
Judge(s):
O'Scannlain, Hurwitz, and Piersol
Tag(s):

McIntosh v. LaBarge (In re McIntosh)

Citation:
No. 12-6070 (B.A.P. 8th Cir. June 10, 2013)
Ruling:
8th Circuit BAP AFFIRMED the ruling of the Bankruptcy Court affirming Debtor's Second Amended Plan (and rejecting the Debtor's First Amended Plan).
Judge(s):
Kressel, Saladino and Shodeen, Bankruptcy Judges.
Tag(s):

Fadel v. DCB United LLC (In re Fadel)

Citation:
Not available
Ruling:
The Ninth Circuit BAP AFFIRMED the Bankruptcy Court granting of relief from the automatic stay to permit a purchaser at foreclosure sale to pursue a forcible detainer action against the debtor in...
Judge(s):
Kircher, Dunn and Markell (BAP Ninth Circuit)
Tag(s):

Bronson v. Thompson (In re Bronson)

Citation:
In re Bronson, No. AZ-12-1320-MkDJu (9th Cir. B.A.P. May 29, 2013).
Ruling:
In this not-for-publication memorandum decision, the Ninth Circuit BAP affirmed conversion of a chapter 11 case to chapter 7 because the debtors were unable to confirm and effectuate a plan within...
Judge(s):
BAP Judges Markell, Dunn, and Jury
Tag(s):

In re Lively

Citation:
2013 WL 2347045
Ruling:
AFFIRMING the Bankruptcy Court, the Fifth Circuit followed the 10th and 4th Circuits in holding that the absolute priority rule applies in individual chapter 11 cases. The absolute priority rule...
Judge(s):
Jones, Dennis & Higginson. Judge Edith Jones wrote the opinion.
Tag(s):

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

Citation:
Bullard v. Hyde Park Savings Bank (In re Bullard), No. 12-054 (B.A.P. 1st Cir. May 24, 2013)
Ruling:
The B.A.P. affirmed the bankruptcy court's order, finding that the Debtor's "hybrid" plan was not confirmable. The plan proposed to modify several of Hyde Park Bank's (the secured creditor) rights...
Judge(s):
Haines, Tester, and Godoy
Tag(s):

Branigan v. Davis (In re Davis)

Citation:
Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)
Ruling:
In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of...
Judge(s):
Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.
Tag(s):

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