Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 11 months ago
Citation:
5th Cir Court of Appeals; 14-40760 (Unpublished Opinion)
Ruling:
Debtor's admittedly false borrowing base certificates are not "statements respecting the debtor's or an insider's financial condition" under section 523(a)(2)(B) that require proof of reasonable...
Judge(s):
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
10 years 11 months ago
Citation:
Riemer & Braunstein LLP v. DeGiacomo (In re A&E 128 North Corp.), ---F.3d --- (1st Cir. BAP Apr. 2, 2015)
Ruling:
Affirming Bankruptcy Court’s determination that a new trustee was not elected pursuant to 11 U.S.C. § 702(b) as the secured creditor was disqualified from voting for the permanent Chapter 7...
In re 2920 ER, L.L.C., No. 14-20734 (5th Cir. April 2, 2015)
Ruling:
The 5th Circuit denied petition for mandamus relief, but vacated the district court's order (S.D. Tx.) prohibiting judgment debtor from transferring funds, and compelling postjudgment discovery,...
Bowman v. Casamatta (In re Bowman), No. 14-6034 (BAP 8th Cir. Mar. 18, 2015)
Ruling:
BAP affirmed bankruptcy court's denial of motion to reopen chapter 11 case. Original case had been dismissed for cause nearly a decade prior before any plan was confirmed. BAP ruled that 11 USC...
Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
10 years 11 months ago
Citation:
Moses v. Cashcall, Inc., 2015 U.S. App. LEXIS 4098 (4th Cir. 2015)
Ruling:
Affirmed in part, reversed in part, and remanded with instructions by per curiam opinion:
"This bankruptcy appeal presents the issue of whether two claims, one for declaratory relief and one for...
Judge(s):
Before: Circuit Judges Paul v. Niemeyer and Roger L. Gregory, and Senior Circuit Judge Andre M. Davis
Cruickshank v. Cook (In re: the Environmental Careers Org. Inc.), No. 14-1697 (1st Cir. March 13, 2015)
Ruling:
The First Circuit Court of Appeals AFFIRMED the judgment of the district court below finding that the district court did not err in granting Cook's motion for judgment as a matter of law.
Gerard v. Gerard, No. 14-1496 (7th Cir. Mar. 12, 2015)
Ruling:
The 7th Circuit reversed the U.S. District Court (E.D. Wis.), which had affirmed the bankruptcy court's entry of judgment of nondischargeability under 11 USC 523(a)(6)(willful and malicious injury)...
The Court of Appeals lacks jurisdiction over appeals from non-final orders of the Bankruptcy Appellate Panel. In particular, an order denying confirmation of a chapter 11 plan of reorganization is...
BancInsure, Inc. v. Highland Bank, No. 13-3324 (8th Cir. March 3, 2015)
Ruling:
The 8th Circuit affirmed the ruling of the U.S. District Court (D. Minn.) granting summary judgment in favor of an insurer for denying coverage to a claimant. The 8th Circuit agreed that under...
iqbal v. Patel, __ F.3d __, 2015 WL 859541 (7th Cir. March 2, 2015)
Ruling:
Finding that the Rooker-Feldman doctrine did not preclude pursuit of the plaintiff's claims, the Seventh Circuit Court of appeals reversed the district court's dismissal of a civil racketeering...
