Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 3 months ago
Citation:
Compton v. Anderson (In re MPF Holdings US LLC), No. 11-20478 (5th Cir. Nov. 14, 2012)
Ruling:
Vacating the Bankruptcy Court, the Fifth Circuit held that a reservation of jurisdiction clause of the plan of reorganization was sufficiently specific and unequivocal because the plan stated the...
Although a district court, at its discretion, may review interlocutory judgments and orders of a bankruptcy court pursuant to 28 U.S.C. 158(a), a court of appeals only has jurisdiction over final...
Judge(s):
BARKETT, JORDAN, and HALL (District Judge, sitting by designation)
Summarized by Robert Miller , University of South Dakota, Knudson School of Law
13 years 4 months ago
Citation:
Stephenson v. Malloy, Case No. 11-1671 (6th Cir. Oct. 30, 2012)
Ruling:
The Court joined a number of other Circuits in holding that a debtor's alleged wrongdoing cannot be the basis for judicial estoppel of a trustee who is the real party in interest and did not...
Judge(s):
Opinion authored by District Judge Reeves who was joined by Circuit Judges White and Siler.t
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
13 years 4 months ago
Citation:
Beaulieu, v. Ragos (In re: Ragos), Case No. 11-31046 (5th Cir. October 29, 2012)
Ruling:
Social Security income should not be included in a Chapter 13 debtor’s projected disposable income and may be excluded from the debtors’ plan payments. The debtors' retention of exempt social...
Waldman v. Stone (In re Stone), --- F.3d --- 2012 WL 5275241 (6th Cir. Oct. 26, 2012)
Ruling:
(1) Claim for disallowance / discharge of secured claim obtained by fraud and affirmative recovery for state law fraud are within the jurisdiction of the bankruptcy court.
(2) Creditor can...
Judge(s):
KETHLEDGE and STRANCH Circuit Judges; GWIN, District Judge
Woodman v. Concept Construction, LLC (In re Woodman); -- F. 3d --; 2012 WL 5259193 (10th Cir. Oct. 25, 2012)
Ruling:
A dismissal of an appeal after docketing must meet the standards of Fed. R. Bankr. P. 8001(c)(2) failing which, such appeal remains pending thereby rendering the filing of a second appeal to the US...
Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
13 years 4 months ago
Citation:
--- F.3d ----, 2012 WL 5259002 C.A.6 (Tenn.),2012, Appellate Case No. 11-8066, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 1:10-cv-260
Ruling:
The United States Court of Appeals for the Sixth Circuit held that a potential tort claim held by a debtor, which accrued prior to her filing of a Chapter 7 bankruptcy, became property of the...
Judge(s):
Jeffrey S. Sutton
Richard Allen Griffin
Helene N. White
Ball Kelly, LLC, d/b/a Taylor Kelly, LLC v. Bank of America, N.A., No. 11-3369 (10th Cir. 2012)
Ruling:
10th Circuit affirmed the U.S. District Court for the District of Kansas dismissal of complaint for failure to state a claim where plaintiff subcontractor asserted claim for equitable lien in...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
13 years 4 months ago
Citation:
Bosch v. Frost National Bank, et al. (In re 22646 South Loop West Limited Partnership), No. 12-20135, Fifth Circuit Court of Appeals
Ruling:
Rule 8002(a) requires the filing of a notice of appeal from the bankruptcy court to the district court within 14 days of the date of the entry of the judgment or order. Because the Appellant filed...
Judge(s):
Before JOLLY, BENAVIDES, and DENNIS, Circuit Judges.
Williams & Wyse v. King, No. 12-6014 (BAP 8th Cir. 2012)
Ruling:
The 8th Circuit B.A.P. affirmed an Order of the Bankruptcy Court for the Western District of Missouri denying a motion to reconsider an Order awarding sanctions and directing a creditor to dismiss...
Judge(s):
8th Cir BAP: Kressel, Schermer, and Nail; U.S. Bankruptcy Judge for the Western District of Missouri: Dennis R. Dow.
