Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
9 years 9 months ago
Citation:
Opportunity Finance, LLC, et al. v. Kelly, Case No. 15-2060 (8th Cir. May 16, 2016)
Ruling:
The harm suffered by the net winners/lenders by the consolidation order, if any, was indirect and therefore they were not persons aggrieved. Therefore, the lenders/net winners lacked standing to...
The Tenth Circuit affirmed the decision of the U.S. District Court (W.D. Okla.), dismissing complaint under Rule 12(b)(6) based on the expiration of the statute of limitations. The Tenth Circuit...
The BAP for the 9th Circuit reversed the ruling of the bankruptcy court (D. Or.) finding appellants in contempt for violating debtor's discharge injunction, finding the bankruptcy court erred by...
United States Bankruptcy Appellate Panel for the First Circuit, BAP No. EP 15-043, April 14, 2016
Ruling:
Reversing and remanding, the First Circuit BAP concluded that Harris v. Viegelahn, 135 S.Ct. 1829 (2015), which held that plan payments made by a chapter 13 debtor from his post-petition wages and...
Summarized by Matthew Hale , Stichter, Riedel, Blain & Postler, PA
9 years 10 months ago
Citation:
Rosenberg v. DVI Receivables XIV, LLC, — F.3d —, No. 14-14620 (11th Cir. April 8, 2016)
Ruling:
The Eleventh Circuit held that the Federal Rules of Bankruptcy Procedure govern cases “arising under” the Bankruptcy Code, even if tried in a federal district court. The court specifically...
Case No. 15-10778; Case No. 10278 - NOT FOR PUBLICATION
Ruling:
Appeals DISMISSED as frivolous, but no damages awarded. First, the debtor's children (appellants) failed to present transcripts to the District and Fifth Circuit Court of Appeals to demonstrate...
BAP No. SC-15-1222-FJuKi (BAP 9th Cir. Mar. 29, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) approving a settlement agreement, finding the bankruptcy court did not abuse its discretion in granting the...
No. 14-56101 (9th Cir. March 28, 2016) (Published)
Ruling:
The 9th Circuit affirmed the district court’s (C.D. Cal.) order denying a motion to disqualify counsel from representing plaintiffs in a consumer class action alleging breaches of the Fair Credit...
BAP for 9th Circuit reversed and remanded two orders of the bankruptcy court (D. Nev.) (a) dismissing debtor's complaint against a landlord for alleged violation of the codebtor stay under s 1301...
BAP No. WW-14-1424-KiFJu (BAP 9th Cir. March 15, 2016) (Unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court’s (W.D. Wa.) orders denying Jeffrey’s claim of homestead exemption and denying chapter 13 debtor's motion to alter or amend the order...
