Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 8 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Galloway v. Ford (In re Galloway), 9th Cir. B.A.P., (AZ-13-1085-PaKiTa) August 27, 2014 [Not for Publication]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In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling of the bankruptcy court which denied Debtors’ 2nd motion to dismiss their chapter 7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 8 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 8 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 8 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9th Cir. BAP (No. CC-13-1527-KiTaPa), August 20, 2014 (unpublished)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...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 8 months ago
Citation:
Gutierrez v. Coker (In re Gutierrez), 9th Cir. B.A.P., NC-13-1469-DJuKu, August 19, 2014 [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the order of the bankruptcy court denying the motion for contempt for violation of the discharge injunction...
Determining the term of a lease at a hearing on a motion to assume the lease, as opposed to requiring a separate adversary proceeding, was harmless error because the parties fully briefed the issue...
The Eighth Circuit affirmed the Bankruptcy Appellate Panel’s ruling that a chapter 7 debtor lacked standing to appeal an order approving the trustee’s compromise of a lawsuit belonging to the...
The Circuit Court, per curiam, affirmed the Debtor's convictions.
The Court of Appeals for the 11th Circuit held that the U.S. federal district courts have original and exclusive jurisdiction...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 8 months ago
Citation:
Behrens v. U.S. Bank Ntl Assoc. (In re Behrens), 8th Circuit Court of Appeals, No. 14-1038, No. 14-1041, No. 13-2700, April 14, 2014 [Unpublished]
Ruling:
In a series of unpublished per curiam opinions, the 8th Circuit Court of Appeals, affirmed the Bankruptcy Appellate Panel ruling upholding the Bankruptcy Court's order terminating the automatic...
Summarized by Mark Melickian , Raines Feldman Littrell LLP
11 years 8 months ago
Citation:
App. No. No. 12-3474 (7th Circuit Court of Appeals) - August 14, 2014
Ruling:
The Seventh Circuit held that the derivative claims held by the trustee of a bankrupt bank holding company against former managers were assigned by federal law to the FDIC, and upheld the district...
Judge(s):
Wood, Easterbrook, Hamilton (Opinion by Easterbrook; concurrence by Hamilton).