Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
10 years 8 months ago
Citation:
2015 WL 3756720
Ruling:
Eighth Circuit affirmed bankruptcy court's imposition of sanctions on debtor's counsel for mischaracterizing post-petition alimony as pre-petition and for certifying that the debtor was current on...
Williams v. Lynch, No. 14-1881 (4th Cir. June 9, 2015) (unpublished) (per curiam)
Ruling:
In an unpublished opinion, the Fourth Circuit found no reversible error and affirmed the district court’s order affirming the bankruptcy courts order suspending an attorney from practicing in the...
BAP No. EC-14-1067-KuPaJu/Bk. No. 14-20064 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP vacated the Bankruptcy Court's order converting the chapter 11 case to chapter 7 and remanded the case to the Bankruptcy Court to consider whether, as an alternative to...
Flores v. Salven (In re DDJ, Inc.), BAP Nos. EC-13-1409-KuPaJu & EC-13-1410-KuPaJu (BAP 9th Cir. May 29, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court's (ED Cal.) order overruling creditors' objection to chapter 7 trustee's final report. Creditors failed to comply with vexatious litigants...
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
10 years 9 months ago
Citation:
___ F.3d ___; Case No. 14-10900 (5th Cir. June 1, 2015)
Ruling:
The court of appeals affirmed the decision by the United States District Court for the Northern District of Texas to dismiss causes of action brought by reorganized debtors under Fed. R. Civ. P....
Hujazi v. Wirum (In re North Oxford Bright Horizons Group, LLC), BAP No. NC-14-1030-TaDKi (B.A.P. 9th Cir. May 22, 2015)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that (1) debtor's affiliate was a "person aggrieved" and therefore had standing to appeal from the final...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 9 months ago
Citation:
Fifth Circuit Court of Appeals docket number 14-40423
Ruling:
The Barton doctrine - that before suit may be brought against a trustee leave of the court by which she was appointed must be obtained - continues in effect in the Fifth Circuit notwithstanding...
Judge(s):
Before Stewart, Chief Judge, and Southwick and Costa, Circuit Judges.
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
10 years 9 months ago
Citation:
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and...
Seifert v. Carlson (In re Seifert), _ B.R. _, 2015 WL 3404317 (8th Cir. BAP May 22, 2015)
Ruling:
As the dispute over a chapter 12 debtor's exemption claim as to crop proceeds was not rendered moot by payment of those proceeds to a secured lender, the matter was reversed and remanded for...
