Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 7 months ago
Citation:
Isaacson v. Manty (In re Isaacson) No. 12-2384 (8th Cir. Court of Appeals., July 19, 2013)
Ruling:
The 8th Cir. Court of Appeals upheld the District Court's affirmation of the Bankruptcy Courts imposition of sanctions against the plaintiff (Isaacson), for making factually unsupported,...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 7 months ago
Citation:
(In re: RCS Capital Development) 9th Cir. B.A.P. No. AZ-12-1626-JuTaAh (July 16, 2013) NOT FOR PUBLICATION
Ruling:
Affirmed--In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel upheld the ruling by the bankruptcy court to confirm the Chapter 11 plan of RCS Capital Development. A.B.C. Learning...
Judge(s):
Bankruptcy Judges: Alan Ahart, Meredith Jury, Laura Taylor
A.B.C. Learning Centres Ltd.; ABC Developmental Learning Centers (USA), Inc., v. RCS Capital Development, LLC; American Childcare Properties, LLC; ACCP I, LLC., (In re: RCS Capital Development , LLC; American Childcare Properties, LLC; ACCP I, LLC) BAP No. AZ-12-1381-JuTaAh (2013)
Ruling:
B.A.P. AFFIRMS the bankruptcy court's ruling granting RCS's Motion for Summary Judgment which allows the setoff and denies ABC's cross MSJ. Additionally, the Court REVERSES and REMANDS the...
In re Lewin, BAP No. CC-12-1238-PaDKi (9th Cir. BAP, July 3, 2013) (Not for publication)
Ruling:
The 9th Circuit BAP VACATED and REMANDED the Bankruptcy Court Order, holding that appellant is a valid creditor in the debtor's bankruptcy case based upon holding a valid cause of action against...
8th Cir. (Court of Appeals - Eastern District of Arkansas - Jonesboro - July 9, 2013) Case Nos. 12-2370, 12-2686 and 12-3049
Ruling:
AFFIRMING the district court's ruling that JP Morgan Chase ("JP Morgan") is authorized to do business in Arkansas and may avail itself of the benefit of the Arkansas Statutory Foreclosure Act...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
12 years 8 months ago
Citation:
Eleventh Circuit Court of Appeals Case Number 12-16032 (will not be published)
Ruling:
The District Court's dismissal of a bankruptcy appeal for failure to timely file and serve an initial brief or otherwise prosecute the appeal was affirmed.
The Bankruptcy Court lacks jurisdiction to grant an equitable exception to the deadline imposed by Fed. R. Bankr. P. 4007(c). Neither the local rules of a district nor the model rules of bankruptcy...
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
12 years 8 months ago
Citation:
Smith v. Atlantic Southern Bank (In re Smith), Case No. 12-12973 (11th Cir. June 28, 2013) (unpublished) (per curiam)
Ruling:
AFFIRMING the District Court, the 11th Circuit held that creditor had both statutory and constitutional standing to seek (i) relief from the automatic stay to institute foreclosure proceedings and...
The Ninth Circuit upheld the decision of the District Court to affirm three decisions of the Bankruptcy Court involving the chapter 11 bankruptcy estate of Howard Marshall III and his wife, Ilane...
Judge(s):
Hon. David Ebel (sitting by designation from the 10th Circuit); Hon. Kim McLane Wardlaw; and Hon. Jacqueline Nguyen deciding an appeal from the decision of district court judge, David Carter.
In re Rivera, BAP No. PR 12-087 (1st Cir. BAP, June 26, 2013) (per curiam).
Ruling:
Without “need to adopt a particular approach” to the meaning of 11 U.S.C. § 109(g)(2) because the debtor’s actions would satisfy the “mandatory,” “discretionary,” or “causal...
