A three judge panel of the Bankruptcy Appellate Panel for the Tenth Circuit (the “BAP”) denied debtors’ motion for leave to appeal an interlocutory order of the United States Bankruptcy Court...
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
14 years 2 weeks ago
Citation:
In re Jonathan M. Webb [No. 11-8016] (6th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel held that: (i) the doctrine of lis pendens did not preclude certain real property from becoming property of the debtor's bankruptcy estate, (ii) the...
In re Calloway, ___ B.R. ___ (B.A.P. 6th Cir. 2012)(unpublished)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the “6th Cir. BAP”) affirmed the bankruptcy court’s order denying the Chapter 13 co-debtors’ motion seeking relief from the order...
Judge(s):
Fulton, Harris, and Shea-Stonum, Bankruptcy Appellate Panel Judges
Affirmed order of bankruptcy court sustaining objection of trustee to claim of exemption of annuity under Missouri state law. BAB concluded that prior ruling of bankruptcy court that annuity was...
Judge(s):
Kressel, Chief Judge, Schermer (writing). and Saladino522
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
14 years 1 month 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 1 month 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 2 months 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.
