Summarized by Colin Robinson , Pachulski Stang Ziehl & Jones LLP
13 years 3 months ago
Citation:
No. 11-51082
Ruling:
Appellants appeals of three pro hac vice related orders were dismissed because they were untimely. Appellants motion to set aside settlements agreements encompassed in the Debtor's confirmed plan...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
13 years 4 months ago
Citation:
Case No. 11-8083 (6th Cir. BAP 2012)
Ruling:
Affirmed Bankruptcy Court holding that Chapter 7 Trustee abandoned unscheduled but partially administered asset when Chpter 7 Trustee filed a Notice of No Distribution
Bond holder sureties ("Sureties") of property developers ("Debtors") lacked standing to bring certain claims against Wells Fargo Bank and Key Bank ("Lenders") because their claims are general in...
Judge(s):
Marcus, Pryor, Friedman (District Judge for the District of Columbia, sitting by designation)
The Ninth Circuit BAP (Panel) affirmed (on other grounds) the Bankruptcy Court's order compelling a judgment lien creditor to turnover funds levied upon pre-petition to the chapter 7 debtor.
REVERSED and REMANDED award of Section 328(a) fee enhancement to Debtor Asarco's financial advisor for further proceedings because clear error was not the appropriate standard for reviewing a...
No. 11-51167, Pursuant to 5TH CIR. R. 47.5, not for publication.
Ruling:
DISMISSED the appeal for lack of jurisdiction, concluding that bankruptcy court's discovery order was interlocutory, and the district court's order (dismissing the appeal from the bankruptcy court)...
Sixth Circuit, in a per curiam opinion in a non-bankruptcy case, affirmed dismissal of borrowers' complaint alleging (1) breach of fiduciary duty; (2) negligence/negligence per se; (3) common law...
Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
13 years 5 months ago
Citation:
Sundale, LTD. v. Florida Associates Capital Enterprises, LLC, No. 12-11450 (11th Cir. Nov. 29, 2012).
Ruling:
Considering Stern v. Marshall, 131 S. Ct. 2594 (2011), the bankruptcy court had jurisdiction to adjudicate a debtor's state law counterclaims, including a claim for recoupment, in adjudicating the...
Satterfield v. Malloy III, No. 11–5144 (10th Cir. Nov. 28, 2012)
Ruling:
The Barton Doctrine precludes litigation in district court by a debtor against a trustee in bankruptcy when the cause of action arises out of the trustee's official duties unless the movant can...
In re Castro, 2012 WL 5935957 (10th Cir. Nov. 28, 2012)
Ruling:
Appellant that was neither debtor nor creditor and had no interest in real property or, at best, such interest was subordinate, lacked standing to object to creditor’s motion for relief from...
