Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
13 years 1 month ago
Citation:
Smith v. SA Challenger, Inc. (In re West Coast Real Estate & Mortgage Inc.), B.A.P. Nos. EC-12-1471, EC-12-1485, EC-12-1493, EC-12-1498 (9th Cir. B.A.P., May 23, 2013) (Not for Publication)
Ruling:
In an unpublished decision, the Bankruptcy Appellate Panel for the Ninth Circuit vacated and remanded orders of the Bankruptcy Court granting sanctions against the Chapter 11 debtor and certain...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
13 years 1 month ago
Citation:
Nos. 12-3200/3201 (3d Cir., May 21, 2013)
Ruling:
Debtor lacked standing to challenge non-debtor parent/shareholder's revocation of election of S Corp status. Rejecting cases from other circuits, the Third Circuit found that S Corp status is not...
BAP No. CC-12-1304-TaMoMk (B.A.P. 9th Cir. May 6, 2013) (NOT FOR PUBLICATION)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's order disallowing Claims (only with respect to guaranty liabilities and bankruptcy legal fees) and REMANDED the...
Judge(s):
TAYLOR, MONTALI (sitting by designation), and MARKELL
Case No. 12-2044 (8th. Cir. Court of Appeals - Western District of Arkansas) (April 26, 2013 - Unpublished)
Ruling:
AFFIRMING the judgment of the bankruptcy court and district court that post-petition payments to creditor-insider was a transfer avoidable by the chapter 7 trustee.
Summarized by David Baker , Law Office of David G. Baker
13 years 2 months ago
Citation:
1st Cir. BAP No. PR 12-073
Ruling:
The appeal was dismissed for lack of standing on the part of the appellant since it could not demonstrate that it was in any way "aggrieved" by the bankruptcy court's grant of relief from the...
BAP No. EC-11-1719-MkDJu (B.A.P. 9th Cir., April 23, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeal ("9th Cir. BAP") affirmed the Bankruptcy Court order abstaining from exercising jurisdiction over a Chapter 7 debtor's...
AFFIRMED bankruptcy's court's denial of a creditor's motion to pursue post-confirmation causes of action on behalf of reorganized Debtor due to a lack of standing to sue and rejected blanket...
The Sixth Circuit affirmed the district court's order of summary judgment in favor of Huntington National Bank, holding that (i) the plaintiffs could not establish the requisite level of knowledge...
Bourgeois v. Bank of America (In re Bourgeois), No. 12-6056 (8th Cir. BAP March 22, 2013)
Ruling:
Incarceration was not an exigent circumstance and Debtor did not meet the standard for a Motion for Relief from Final Judgment, Order or Proceeding under FRCP 59(e) and FRBP 9023.
Fogel v. Shabat, 12 A 00799 (Apr. 8, 2013)(Posner)
Ruling:
The Bankruptcy Court erred in ruling than appointment of an Interim Trustee under 11 USC 701 extends the statute of limitations for avoidance actions under 702 and 546(a).
