Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
13 years 11 months ago
Citation:
Case No. 11-10070 (5th Cir. March 20, 2012).
Ruling:
Plaintiff had standing to avoid the debtor’s guaranty obligations pursuant to 11 U.S.C. § 544(b) and the laws of the State of New York. The decision was driven by the Fifth Circuit’s...
Judge(s):
Benavides and Prado, Circuit Judges, and Alvarez, District Judge, sitting by designation.
Affirming bankruptcy court's denial of Bank's motion for permission to file late clam. Holding: Bankruptcy court did not abuse its discretion in finding that Bank failed to show that failure to...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
14 years 3 days ago
Citation:
--F.3d-- (March 6, 2012, 9th Cir.); case no. 10-16974
Ruling:
The Ninth Circuit Court of Appeals held that Appellants, the "Silar Parties" and their counsel, had no right to an immediate and interlocutory appeal from an order of the District Court awarding...
Judge(s):
The Honorable Susan P. Graper and the Honorable Sandra S. Ikuta, Circuit Judges; the Honorable Gordon J. Quist, Senior District Judge.
The Fifth Circuit declined to extend Stern v. Marshall's limitation on bankruptcy court jurisdiction to magistrate judges and held magistrate judge had authority under Federal Magistrates Act to...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
14 years 1 week ago
Citation:
Docket No. 10-2723-bk (2nd Cir. February 28, 2012)
Ruling:
The Bankruptcy Court should not have applied the choice of law rules of New York, where Coudert Brothers LLP filed for Chapter 11 protection, but instead the choice of law rules of Connecticut,...
Case No. 10-56134 (9th Cir. Feb. 21, 2012) (not for publication)
Ruling:
Held that plaintiff-appellant did not waive any challenge to an award of legal-malpractice damages against defendant-appellee (the debtor) because she challenged the amount of damages in her first...
Judge(s):
WARDLAW and CALLAHAN, Circuit Judges, and MARTINEZ, District Judge for the U.S. District Court for Western Washington, sitting by designation.
Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
14 years 2 weeks ago
Citation:
2012 FED App. 0001P (6th Cir.); Appellate Case No. 11-8066, on appeal from the U.S. Bankruptcy Court for the Eastern District of Kentucky at Adversary Case No. 11-5036
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit ruled that it was not an abuse of discretion to deny a creditor's motion to set aside a default judgment when the creditor failed to demonstrate...
Judge(s):
Arthur I. Harris
C. Kathryn Preston
Marilyn Shea-Stonum
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 1 month ago
Citation:
No. 11-6061 (B.A.P. 8th Cir. Feb. 1, 2012)
Ruling:
The Eighth Circuit affirmed the decision of the bankruptcy court denying a creditor's motion to determine his claim, on the grounds that the bankruptcy court lacked subject matter jurisdiction to...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
14 years 2 months ago
Citation:
In re Holly Marine Towing, Inc., ---- WL ----, No. 11-1787 (7th Cir. Jan. 6, 2012)
Ruling:
The Court ruled that, notwithstanding the appellant's standing as the holder of an allowed Chapter 11 administrative claim against the now-converted debtor to seek to have an order approving a...
District Court's ruling is affirmed. County of Los Angeles did not improperly fail, and is not legally obligated, to accept a tax payment proffered by Bank of America at the bankruptcy court. ...
