Bank v. Lehman Brothers Holdings Inc.

Citation:
17-2700-bk (2nd Circuit, Jul 18,2018) Not Published
Case Status:
Affirmed
Ruling:
Applying the "Winston" factors, See, Winston v. Mediafare Entm’t Corp., 777 F.2d 78 (2d Cir. 1985), the Court determined that the parties intended to be bound to a settlement, absent a signed...
Judge(s):
Peter W. Hall Susan L. Carney Circuit Judges John G. Koelti District Judge
Tag(s):

Lee v. Peeples

Citation:
BAP No. UT-18-003 (10th Circuit, Jul 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed defense verdict of bankruptcy court (D. Utah) in favor of debtor-defendant on creditors' 11 USC 727 and 523 claims. Creditors failed to prove elements of claims...
Judge(s):
Michael, Karlin, Romero
Tag(s):

Lee v. Farrar (In re Gold Strike Heights Homeowners Assoc.)

Citation:
BAP No. EC-16-1169-KuBH & BAP No. EC-16-1283-KuBH (9th Circuit, Jul 12,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court (ED Cal.) entry of judgment on the pleadings in favor of defendant-trustee, and grant of motion for attorney's fees as prevailing party. Tenant had no...
Judge(s):
Kurtz, Brand, Hursh
Tag(s):

Fustolo v. The Patriot Group LLC

Citation:
17-1984 (1st Circuit, Jul 16,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court's order denying debtor a discharge reversed because allowing motion to conform complaint to the evidence was a due process violation in the circumstances.
Judge(s):
Toruella (author), Thompson and Kayatta
Tag(s):

Wilkins v. Menchaca

Citation:
CC-17-1335-KuLS, CC-17-1337-KuLS, CC-17-1346-KuLS (9th Circuit, Jun 28,2018) Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeals based on lack of jurisdiction. Time to appeal under FRBP 8002(d)(1)(B) was statutory and jurisdictional, not "mandatory claim-processing rule," i.e.,...
Judge(s):
Kurtz, Lafferty, Spraker
Tag(s):

Fallon Family, L.P. v. Goodrich Petroleum Corp.

Citation:
No. 17-20278 (5th Circuit, Jun 27,2018) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed ruling of District Court (SD Tx.) and bankruptcy court that creditor could not claim void recorded mineral lease based on default under related promissory note and settlement...
Judge(s):
Davis, Jones, Higginson
Tag(s):

Furlough v. Cage (In re Technicool Systems, Inc.)

Citation:
17-20603 (5th Circuit, Jun 20,2018) Published
Case Status:
Affirmed
Ruling:
Affirmed district court and held that Appellant did not have standing to appeal order granting chapter 7 trustee's motion to employ special counsel "because the order did not reach his wallet." ...
Judge(s):
Willett, Smith, Wiener
Tag(s):

WHITE v SQUARE, INC.

Citation:
No. 16-17137 (9th Circuit, Jun 07,2018) Published
Case Status:
Affirmed
Ruling:
9th Cir. issued order certifying questions to California Supreme Court regarding standing to sue under California's Unruh Act (equal protection statute). Issue was whether bankruptcy attorney had...
Judge(s):
Paez, Ikuta, Vialiano* (*sitting by designation)
Tag(s):

IN RE MASTRO

Citation:
WW-17-1226-TaSKu (9th Circuit, Jun 05,2018) Published
Case Status:
Reversed and Remanded
Ruling:
9th Cir. BAP held that a bankruptcy court has authority under § 105(a) and Rule 2004 to compel a debtor to sign a "Consent Directive" which directs foreign banks and financial institutions that...
Judge(s):
TAYLOR, SPRAKER, and KURTZ, Bankruptcy Judges
Tag(s):

IN RE FAGERDALA USA

Citation:
No. 16-35430 (9th Circuit, Jun 04,2018) Published
Case Status:
Reversed and Remanded
Ruling:
9th Cir. reversed district court (D. Or.), which had affirmed bankruptcy court ruling granting chapter 11 debtor's motion to designate claims for bad faith and preclude the claims from being voted...
Judge(s):
Smith, Christen, Hurwitz
Tag(s):

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