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Case No. 13-2139 (3d Cir. Jan. 16, 2014) (Not Precedential)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 1 month 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Steffen v. Menchise, Case No. 13-11052 (11th Cir. Jan. 16, 2014)(unpublished)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 1 month 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.
Cohen v. CDR Creances (In re Euro-American Lodging Corp.), 13-1308-BK, --- Fed. App. --- Summary Order (2d Cir. Jan. 10, 2014)
Ruling:
This opinion is of no precedential effect. The Second Circuit affirmed the bankruptcy court's denial of an application by the debtor's former president, Leon Cohen, to reopen the Chapter 11 case...
Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
12 years 1 month ago
Citation:
Fina v. Fina (In re Fina), No. 12-2526, 2014 WL 46166 (4th Cir. Jan. 7, 2014).
Ruling:
The Fourth Circuit affirmed the district court’s order upholding the decision of the bankruptcy court to impose contempt sanctions against the appellants for violation of the discharge injunction.
Judge(s):
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Held that the district court did not err in refusing to dismiss the complaint as untimely on the basis that the bankruptcy court's direction to file amended and/or separate claims constituted a de...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 2 months ago
Citation:
In Re Chionis, 9th Cir. B.A.P., CC-12-1501-KuBaPa (Dec 27, 2013) [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel UPHELD part of the bankruptcy court finding that Creditor Appellee (Starkus) violated the bankruptcy discharge and the...
