Order affirming ruling denying motion for reconsideration pursuant to FRCP 60(b) and FRBP 9024 of order granting summary judgment. The BAP rejected arguments that the proceeding was improperly...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 4 weeks ago
Citation:
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses...
Judge(s):
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
11 years 4 weeks ago
Citation:
Hotel 71 Mezz Lender, LLC v. The National Retirement Fund, No. 14-2034, --- WL --- (7th Cir. Feb. 6, 2015)
Ruling:
The Court reversed and remanded a sua sponte grant of summary judgment against a party that also unsuccessfully moved for summary judgment. The Court found that, absent a record "clear beyond...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
11 years 1 month ago
Citation:
Official Committee of Unsecured Creditors of Motors Liquidation Company v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Company), Docket No. 2013-02187, --- F.3d --- (2d. Cir. Jan. 21, 2015)
Ruling:
The UCC-3 termination statement filed by the debtor terminating three UCC-1s, including one mistakenly included that related to a separate term loan, was effective to terminate the security...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 1 month ago
Citation:
Docket No. 12-4364-cv (2nd Cir. January 9, 2015)
Ruling:
Non-party parent of debtor in appellate litigation was not permitted to be substituted for its subsidiary that settled underlying litigation (through its bankruptcy trustee) and dismissed appeal,...
AFFIRMED district court refusal to remand case because non-diverse defendant was improperly joined as there was no reasonable basis for the district court to predict that the plaintiff might be...
Dymon Investments, Inc. v. Welch (In re Welch), BAP No. NV-14-1079-HlPaJu (Jan. 5, 2015)
Ruling:
AFFIRMING the decision below, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not abuse its discretion when it denied creditors' motion to reopen a closed...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 2 months ago
Citation:
Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
11 years 2 months ago
Citation:
Alexandria Consulting Group, LLC v. Alexandria Surveys, LLC, Case No. 13-2393 (4th Cir. December 30, 2014) (unpublished) (per curiam).
Ruling:
Potential purchaser of assets of debtor who was not otherwise involved in case or a creditor of the debtor prior to the case closing was not a party in interest and, therefore, lacked standing to...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 2 months ago
Citation:
Starion Financial v. McCormick (In re McCormick), 8th Cir. B.A.P (No. 14-6008), December 24, 2014
Ruling:
The 8th Circuit Bankruptcy Appellate Panel reversed the bankruptcy court’s order denying Starion Financial's Motion to Compel Payment of Fees Under the Confirmed Plan of Reorganization and...
Judge(s):
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges. Opinion authored by Judge Shodeen.
