BAP No. NV-14-1589-DFB (BAP 10th Cir. May 31, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Nev.) dismissing debtor's adversary proceeding alleging that defendants intentionally violated the automatic stay. BAP...
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Az.), finding that the bankruptcy court did not err in denying creditor's motion to allow late filed claim, or in...
--- F.3d ---, Case No. 15-40538 (5th Cir May 27, 2016)
Ruling:
Affirmed, in part, the lower courts' judgment against the debtor based on breaches of a pre-petition settlement agreement. The debtor’s payment of $300,000 for an “assignment” of the...
Judge(s):
Higginbotham, Southwick, Higginson (opinion by Higginson)
Tehrani v. Walters, Case No. 15-2317 (3d Cir. May 20, 2016) (not precedential)
Ruling:
Affirming the decision of the United States District Court for the District of New Jersey ("District Court") and holding that the District Court did not err in (a) rejecting the debtors'...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
9 years 11 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
10 years 2 weeks 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...
