Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 5 months ago
Citation:
Christians v. Dmitruk (In re Dmitruk), 8th Cir. B.A.P. (14-6023), September 15, 2014
Ruling:
The 8th Circuit Bankruptcy Appellate Panel affirmed the order of the Bankruptcy Court overruling the Trustee’s objection to the Debtor’s claimed exemption in the portion of his state income tax...
Judge(s):
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 5 months ago
Citation:
USA v. Robinson, Jr. (In re Robinson, Jr.)., 6th Cir. Court of Appeals, (No. 13-5857), August 22, 2014
Ruling:
The 6th Circuit Court of Appeals affirmed the district court’s judgment that 18 U.S.C. § 3613 supersedes the automatic stay and allows the government to enforce restitution orders against...
Judge(s):
COLE, Chief Judge; GRIFFIN, Circuit Judge; PEARSON, District Judge.
Summarized by Cullen Brown , Bradley Arant Boult Cummings LLP
11 years 6 months ago
Citation:
13-11810
Ruling:
A defendant in an adversary proceeding was not a "person aggrieved" by the bankruptcy court's order extending the litigation bar date, and thus could not appeal such order.
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
11 years 6 months ago
Citation:
Rodriguez v. Banco Popular de Puerto Rico (In re Rodriguez), BAP No. PR 14-003, --- B.R. ----, 2014 WL 4244284 (1st Cir. BAP Aug. 26, 2014)
Ruling:
The 1st Cir. BAP DISMISSED as untimely the appeal as to the first two orders appealed from and AFFIRMED as to the third due to the Debtors failure to demonstrate that the Bankruptcy Court for the...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 6 months ago
Citation:
Agri Star Meat & Poultry, LLC v. Nevel Properties Corp., 8th Cir. Court of Appeals, No. 13-1161, August 28, 2014
Ruling:
The 8th Circuit Court of Appeals upheld the ruling by the 8th Circuit district court and the bankruptcy court which concluded that SHF did not have any rights to a well located on land owned by...
Judge(s):
RILEY, Chief Judge, MELLOY and BENTON, Circuit Judges.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 6 months ago
Citation:
Galloway v. Ford (In re Galloway), 9th Cir. B.A.P., (AZ-13-1085-PaKiTa) August 27, 2014 [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling of the bankruptcy court which denied Debtors’ 2nd motion to dismiss their chapter 7 case as well as...
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
11 years 6 months ago
Citation:
2014 WL 4179911 (9th Cir., Aug. 25, 2014)
Ruling:
Reversing and remanding the decision of the Bankruptcy Appellate Panel (the "BAP"), the Ninth Circuit held that the plain language of a settlement agreement between Appellant Racusin and Appellees...
Judge(s):
The Hon. Mary Margaret McKeown and The Hon. Richard R. Clifton, Circuit Judges, and The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 6 months ago
Citation:
Matter of BLX Group, Inc., No. 13-35122 (9th Cir. Aug. 26, 2014).
Ruling:
A nondebtor’s appeal of an order confirming a chapter 11 plan was untimely with respect to an earlier order approving the estate’s transfer of claims against the appellant to a liquidating...
Judge(s):
Alex Kozinski (Chief Judge), Richard A. Paez, and Marsha S. Berzon, Circuit Judges.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 6 months ago
Citation:
9th Cir. BAP (No. CC-13-1527-KiTaPa), August 20, 2014 (unpublished)
Ruling:
The bankruptcy court's order converting a postconfirmation chapter 11 case to chapter 7 was affirmed: the bankruptcy court had power sua sponte to convert the case, the Debtor received sufficient...
