Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 5 months ago
Citation:
Abonal v. U.S.A. Trustee (In re Jackson, Jr.), 9th Cir. B.A.P, CC-14-1091-DKiTa ( November 3, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the order of the bankruptcy court, sanctioning appellant, Moses Abonal, Moses F. Abonal and his business, Abonal...
Keeley v. Grider, Case No. 14-5228 (6th Cir. Nov. 3, 2014) (unpublished).
Ruling:
Plaintiff obtained a default judgment against debtor, but the judgment was entered by the clerk of the bankruptcy court and was not declared "non-dischargeable." The bankruptcy court denied...
Judge(s):
Cook, White, and Michelson (District Judge sitting by designation)
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
11 years 6 months ago
Citation:
Nos. 13-2226, 13-2288, 13-2300
Ruling:
As an issue of first impression, the Second Circuit held that the equitable mootness analysis set out in Chateaugay II applies to Chapter 11 liquidations. As with a reorganization, substantial...
Stalnaker v. Allison, et al., No. 14-6018, No. 14-6019, 14-6020, 14-6025 (BAP 8th Cir. October 23, 2014)
Ruling:
The 8th Circuit BAP reversed and remanded an order of the U.S. Bankruptcy Court for the District of Nebraska - Omaha, ruling that although (a) the bankruptcy did not exceed its mandate on remand;...
This appeal asks us to reverse a denial of a motion to amend a complaint in a medical malpractice case. We cannot do so, however, because the District Court acted within its discretion when it...
Miller v. U.S. Trustee (In re Miller), BAP No. WY-14-002 (October 8, 2014)
Ruling:
For purposes of Chapter 7 eligibility, the means test under 11 USC 707(b) and 101(10A) requires calculation of all income received by a debtor in the six month look back period, rather than just...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 6 months ago
Citation:
No. 14-35159 (October 9, 2014) (not for publication)
Ruling:
The Ninth Circuit affirmed imposition of civil contempt sanctions for selling property in violation of a court injunction, and dismissed as moot the appeal of the bankruptcy court’s denial of a...
Judge(s):
KOZINSKI, Chief Judge, and PAEZ and BERZON, Circuit Judges.
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 6 months ago
Citation:
14-40108
Ruling:
Trustee can force sale of the entire homestead over objection of non-debtor spouse. The sale is not an unconstitutional taking because the property was acquired after BAPCPA went into effect and...
Clear Sky Properties, LLC v. Roussel (In re Roussel), No. 14-1150 (8th Cir. October 3, 2014)
Ruling:
Eighth Circuit dismissed debtor's appeal for lack of jurisdiction pursuant to 28 USC 158. Eighth Circuit ruled that district court decision, reversing bankruptcy court and remanding for...
AP No. CC-13-1571-DTaSp (B.A.P. 9th Cir., September 29, 2014) (NOT FOR PUBLICATION)
Ruling:
The B.A.P. AFFIRMED the bankruptcy court’s dismissal of the Plaintiff’s adversary proceeding against the Defendants. Only a trustee, can pursue claims on behalf of a bankruptcy estate. For a...
Judge(s):
Dunn, Taylor, and Spraker, U.S. Bankruptcy Appellate Panel Judges
