Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
12 years 1 month ago
Citation:
2014 WL 944846
Ruling:
The 8th Circuit BAP affirmed the Bankruptcy Court's imposition of sanctions pursuant to Rule 9011, but reversed the imposition of sanctions under the Bankruptcy Court's inherent powers, holding...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 1 month ago
Citation:
In Re Huh, 9th Cir B.A.P., CC-12-1633-En Banc (March 11, 2014) [Published]
Ruling:
In a published opinion, the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court finding that that imputed liability of a principal for the active fraud of an agent would...
Judge(s):
En Banc: Dunn, Pappas, Kirsher, Taylor & Kurtz. Opinion written by Judge Dunn
AFFIRMED district court's rejection of debtor's argument that 11 U.S.C. 522 (c) & (l) and "snapshot rule" permanently exempted homestead and its proceeds from post-certification sale of exempted...
Judge(s):
Stewart, Chief Judge, and DeMoss and Clement, Circuit Judges.
Finding no error in the bankruptcy court’s findings, the Eighth Circuit affirmed the bankruptcy court’s denial of reconsideration of an earlier order imposing sanctions on the appellent for...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 2 months ago
Citation:
Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]
Ruling:
The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the...
Eldorado Canyon Properties, LLC v. JPMorgan Chase Bank, N.A. Ch. 7 Case No. 13-12878-FJB, BAP No. MB 13-042 (B.A.P. 1st Cir. Feb. 25, 2014)
Ruling:
Debtor lacked standing to pursue appeal because the there was no equity in the subject property, the Debtor's discharge was not implicated, and Debtor failed to show he was a "person aggrieved" in...
Appeal Nos. 12-1140, 12-1143 (Consolidated), 10th Circuit Court of Appeals
Ruling:
Pahs' appeal of the reversal of his confirmation order was dismissed as moot. Pahs' failure to remain current on his plan payments while his appeal was pending resulted in the dismissal of his...
Judge(s):
Gorsuch, Ebel, and O'Brien, Circuit Judges. Opinion by Ebel
The Court of Appeals rejected debtors' objections that underlying settlement conceding involuntary bankruptcy was void under FRCP 60(b)(4) because requirements for involuntary bankruptcy under 11...
Dunn v. Advanced Medical Specialties, Inc., et al., Nos. 12-11152 and 12-15989 (11th Cir. Feb. 10, 2014)
Ruling:
The Eleventh Circuit affirmed a District Court’s orders (i) granting summary judgment in a Chapter 7 Debtor’s discrimination suit and (ii) denying a Chapter 7 Trustee’s motion to vacate the...
Judge(s):
Marcus and Dubina, Circuit Judges; Hodges, District Judge
