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...
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.
Cawley v. Celeste (In re Athens/Alpha Gas Corp.), No. 12-1555 (8th Cir. May 9, 2013)
Ruling:
Because the judgment of the Supreme Court of North Dakota, holding that the appellant's claims were barred, satisfied the elements of North Dakota's res judicata doctrine, the full faith and credit...
5th Cir. Court of Appeal - Case No 1151073 (May 8, 2013)
Ruling:
AFFIRMED in part and reverse in part the district court's decision. Further, a remand with instruction to clarify whether an isolated claim in the earlier state-court action can proceed....
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
13 years 3 weeks ago
Citation:
In re Rodriguez, No. 12-2146 (3d Cir. April 22, 2013) (not precedential)
Ruling:
Because a chapter 13 plan confirmation order may be revoked only if such order was procured by fraud, the absence of such fraud prevents the court from reconsidering the plan confirmation order...
AFFIRMED bankruptcy's court's denial of a creditor's motion to pursue post-confirmation causes of action on behalf of reorganized Debtor due to a lack of standing to sue and rejected blanket...
BAP Nos. NV-12-1456-PaKiTa and NV-12-1474-PaKiTa (Cross-appeals)
Ruling:
In an unpublished opinion, the Ninth Circuit BAP held (1) the Bankruptcy Court’s determination that Rabkin is not a non-statutory insider is AFFIRMED. The Panel based its ruling by weighing the...
Judge(s):
Hon. Jim D. Pappas; Hon. Ralph B. Kirscher; and Hon. Laura S. Taylor
Bankruptcy Court did not abuse its discretion in dismissing Chapter 11 cases for "cause" pursuant to Section 1112(b) where it projected negative net cash flow through 2020, ceased making adequate...
Wells Fargo Bank, NA v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.), Case No. 11-11109 (5th Cir. Mar. 1, 2013)
Ruling:
Affirmed confirmation of Chapter 11 cramdown plan and the Debtors' Till-based prime-plus formula for cramdown interest rate over secured lender's objection that a market-based adjustment to prime...
