Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
12 years 2 months ago
Citation:
2014 WL 503174 (8th Cir.)
Ruling:
The Eighth Circuit vacated the Bankruptcy Appellate Panel's order dismissing as untimely the debtor's appeal of the bankruptcy court's order dismissing her adversary proceeding because the...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 2 months ago
Citation:
In Re Dale, 9th Cir. B.A.P., AZ-13-1251-DPaKu, (Feb. 5, 2014)
Ruling:
In a published opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy court ruling that an inheritance received by the debtor, 180 days following the petition date but prior to...
Credit Union Liquidity Service v. Green Hills Development Co. (In re Green Hills Development Co.), Case No. 12-60784 (5th Cir. Feb. 3, 2014)
Ruling:
The Fifth Circuit affirmed the dismissal of an involuntary bankruptcy petition. The petitioning creditor lacked standing to file a petition for involunary relief under 303(b) because its claims...
Eighth Circuit Court of Appeals, No 12-4018 (Jan. 31, 2014)
Ruling:
The Eighth Circuit affirmed the lower courts' rulings that the debtors' proposed chapter 13 plan unfairly discriminated against other unsecured creditors by proposing to pay nondischargeable tax...
Emphasizing the fact that issue preclusion generally applies to a decision on the merits of an issue that has been actually litigated, the Tenth Circuit held that issue preclusion does not apply to...
Case No. 13-2139 (3d Cir. Jan. 16, 2014) (Not Precedential)
Ruling:
Appeal alleging district court abused its discretion when dismissing declaratory judgment action is moot where district court effectively ruled on the merits by denying appellants' subsequent...
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
12 years 3 months ago
Citation:
Steffen v. Menchise, Case No. 13-11052 (11th Cir. Jan. 16, 2014)(unpublished)
Ruling:
Affirming district court's ruling that appeal was moot due to debtor-plaintiff's failure to obtain a stay of sale under 11 U.S.C.§363(m). Closing by trustee before sale order was final did not...
In re New Energy Corp., Case No. 13-2501 (7th Cir. Jan. 15, 2014)
Ruling:
Party who is not a creditor and who elected not to bid at an auction sale does not have standing to contest approval of that sale. In dicta, the Court also stated that: (i) only the trustee...
The Fifth Circuit reversed the District Court, vacated the order of dismissal and remanded to the Bankruptcy Court because the evidence was insufficient to warrant dismissal for abuse of judicial...
Judge(s):
Hon. Emilio M. Garza, Hon. W. Eugene Davis and Hon. James L. Dennis
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 3 months ago
Citation:
In Re Paul, 8th Circuit Court of Appeals, No. 13-1747 (November 18, 2013)
Ruling:
The 8th circuit Court of Appeals affirmed the ruling of the bankruptcy court and bankruptcy appellate panel, that the debtor (Paul) could not claim the homestead exemption on rental property where...
Judge(s):
RILEY, Chief Judge, MELLOY and KELLY, Circuit Judges.
