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 11 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 11 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...
Lane v. Barney (In re Lane), BAP No. WY-14-053 & 14-054 (BAP 10th Cir. Mar. 20, 2015)
Ruling:
BAP for 10th Circuit dismissed appeal as moot after debtor appealed bankruptcy court (D. Wy.) striking debtor's objection to chapter 7 trustee's motion to sell property of estate. Because debtor...
Onyeabor v. Centennial Pointe Property Owners' Assoc. (In re Onyeabor), No. UT-14-047 (BAP 10th Cir. Apr. 15, 2015)
Ruling:
BAP for 10th Circuit affirmed in part, and dismissed in part, debtor's appeal of bankruptcy order denying her motion to reconsider order denying motion to vacate order converting debtor's chapter...
Docket No. 14-2538-bk (2d Cir. April 29, 2015) (Summary Order)
Ruling:
AFFIRMING the district court’s judgment affirming the bankruptcy court’s dismissal of the bankruptcy case for cause under 11 U.S.C. § 707(a), the Court of Appeals for the Second Circuit held...
Judge(s):
Sack, Droney (Circuit Judges), and Stanceu (Chief Judge of the U.S. Court of International Trade, sitting by designation)
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
10 years 12 months ago
Citation:
Carlson v. U.S. Bank (In re Carlson) 8th Circuit Court of Appeals, No. 14-3563, April 27, 2015 [Unpublished]
Ruling:
In an unpublished per curiam opinion, the 8th Circuit Court of Appeals rejected Carlson’s legal arguments and affirmed the decision of the bankruptcy court, when the bankruptcy court denied his...
The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
11 years 1 day ago
Citation:
Case No. 14-10768 (5th Cir. April 23, 2015)
Ruling:
Appellant was not entitled to maintain its Section 1111(b) election because the confirmed plan provided for a sale of the appellant's collateral and appellant failed to provide notice of its intent...
