Practice and Procedure

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Lil' Joe Records, Inc. v. Christopher Won, Jr., et al

Summarizing by Bradley Pearce

In re Ponton

Summarized by Allen Levine ,
14 years 8 months ago

Citation:: In re Pontell, No. 11-3028 (3d Cir. Sept. 29, 2011) (NOT PRECEDENTIAL)

Ruling:

Third Circuit dismissed Chapter 13 debtors' appeal of order lifting the automatic stay as moot when Bankruptcy Court had already dismissed the bankruptcy case and decision of dismissal went...

Judge(s):

Sloviter, Jordan and Greenaway, Jr.

Tag(s):

Sandburg Financial Corp. v. American Rice, Inc. (In re American Rice, Inc.)

Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
14 years 8 months ago

Citation:: Case No. 11-40301 (5th. Cir. September 22, 2011

Ruling:

Under 11 U.S.C. § 524(c), an agreement based “in whole or in part” on a dischargeable obligation is unenforceable unless the parties comply with the requirements set forth in § 524(c)(1)-(6)....

Judge(s):

Judges King, Smith and Graves

Tag(s):

Roberg v. Franchi (In re Franchi)

Summarized by John Jones , J. R. Jones Law PLLC
14 years 8 months ago

Citation:: No. 11-30088 (5th Cir. 2011) (Unpublished Opinion)

Ruling:

Affirmed. Court held non-execution agreement was ambiguous and a party should not be allowed to take advantage of a condition of their own creation to claim an agreement has been breached and...

Judge(s):

Garza, Southwick and Haynes

Tag(s):

City Sanitation, LLC v. Allied Waste Services of Massachusetts, LLC (In re American Cartage, Inc.)

Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 9 months ago

Citation:: (No. 10-2284), 2011 WL 3831891 (1st Cir. Aug. 31, 2011)

Ruling:

(1) Where "commercial tort claims" were not included in grant of security interest, subsequently arising claims for conversion, breach of fiduciary duty, and related torts allegedly committed...

Judge(s):

Selya (author), Howard and Thompson

Tag(s):

In re Richard Louis Alexander

Summarized by Nicholas Miller , McDonald Hopkins LLC
14 years 9 months ago

Citation:: Nos. 11-1797 & 11-1798

Ruling:

Affirming the judgments of the district court and the bankruptcy court below, the Seventh Circuit held that a secured creditor's failure to file a proof of claim pursuant to Bankruptcy

Judge(s):

Easterbrook, Coffey, Manion

Tag(s):

Lovald v. Falzerano (In re Falzerano)

Summarized by Leslie Harrell-Latham , Tower Legal Solutions
14 years 10 months ago

Citation:: No. 11-6036

Ruling:

The Eighth Circuit BAP affirmed the judgment against the Trustee in his turnover action that was predicated entirely upon an unjust enrichment claim. The BAP held that section 542(b) and not...

Judge(s):

Kressel, Schermer, and Venters

Tag(s):

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