Case No. 11-15060 (9th Cir. September 13, 2012) (Unpublished)
Ruling:
The Ninth Circuit Court of Appeals held that an intervenor can proceed after dismissal of the original party if 1) there is an independent basis for jurisdiction, and 2) unnecessary delay would...
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
13 years 5 months ago
Citation:
2012 WL 3890063 (9th Cir. BAP 2012).
Ruling:
Affirming the bankruptcy court, the Ninth Circuit BAP held that when ruling on a motion to dismiss for abuse under § 707(b)(3)(B), the court did not abuse its discretion when it disallowed the...
Judge(s):
Hon. Jim D. Pappas; Meredith A. Jury; and Eileen W. Hollowell (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by Hon. Robert J. Faris and Hon. Lloyd King (Bankruptcy Court Judges for the District of Hawaii)
In re Tropicana Entertainment LLC, et al, --- F.3d ---, 2012 WL 3776531, No. 10-3970 (3d Cir. Aug. 31, 2012)
Ruling:
The Third Circuit Court of Appeals held that an ad hoc noteholder committee’s (the “Noteholder Committee”) fees were not entitled to administrative priority pursuant to 11 U.SC. §...
McDermott v. Swanson (In re Swanson), Case No. 12-6028 (8th Cir. BAP Aug. 17, 2012).
Ruling:
REVERSING and REMANDING the Bankruptcy Court decision, the 8th Circuit BAP found that although the failure to produce adequate financial records shifts the burden to the debtor to demonstrate a...
Affirming the bankruptcy court, the BAP held that golf course green fees and driving range fees was not part of the lender's cash collateral as it was not rents, proceeds, or profits of the...
Summarized by David Baker , Law Office of David G. Baker
13 years 7 months ago
Citation:
BAP No. NH 11-084
Ruling:
Affirming the bankruptcy court, the BAP held that (1) student loan creditor was bound by bankruptcy court’s determination (after an evidentiary hearing on debtor’s objection to claim that the...
Judge(s):
BAP Judges Hillman, Feeney and Hoffman. Decision authored by Hoffman
The Fifth Circuit Court of Appeals held that the Debtor's payments to the power company were settlement payments exempt from avoidable transfer pursuant to section 546(e) of the Bankruptcy Code. ...
In re: Philadelphia Newspapers, LLC, Case No. 11-3257 (3d Cir. July 26, 2012) (unpublished) (Ambro, J.)
Ruling:
EQUITABLE MOOTNESS: When deciding whether an appeal is equitably moot, a Court must consider all five factors set forth in In re: Continental Airlines, 91 F.3d 553, 560 (3d Cir. 1996). In...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 7 months ago
Citation:
Hopkins v. Asset Acceptance LLC (In re Salgado-Nava), No. ID-11-1389-MkHJu, --- B.R. --- (B.A.P. 9th Cir. July 25, 2012)
Ruling:
Reversing the Bankruptcy Court, the Ninth Circuit BAP held that under 11 U.S.C. § 330(a)(7), absent extraordinary circumstances, bankruptcy courts should approve chapter 7, 12 and 13 trustee fees...
Summarized by Brett Weiss , The Weiss Law Group, LLC
13 years 7 months ago
Citation:
Tanya Rene Johnson v. William H. Zimmer, et al., No. 11-2034 (4th Cir. July 11, 2012).
Ruling:
In this 2-1 ruling, the Fourth Circuit adopted the "economic unit" standard for determining household size under the Chapter 13 Means Test. It also held that a part-time household member, such as a...
Judge(s):
Judge G. Steven Agee wrote the opinion of the Court affirming the Bankruptcy Court, which was joined by Judge Robert B. King. Judge J. Harvie Wilkinson, III, wrote a dissenting opinion.
