Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
14 years 2 months 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 2 months 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 3 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. ...
The Bankruptcy Appellate Panel of the Sixth Circuit (the "6th Cir. BAP") affirmed a bankruptcy court's dismissal of a chapter 13 bankruptcy case pursuant to 11 U.S.C. § 1307, where the debtor did...
Judge(s):
Boswell, Fulton, and McIvor, Bankruptcy Appellate Panel Judges
Eighth Circuit Court of Appeals, Docket no. 11-1553
Ruling:
On appeal, a creditor claimed the bankruptcy court had misapplied the three part test of Martin v. Commodity Credit Corporation (In re Martin), 761 F.2d 472 (8th Cir 1985), in permitting the use of...
Judge(s):
Federman, Venters, and Nail, Bankruptcy Judges, opinion by Nail.
In affirming the lower courts’ rulings in favor of debtor Frank Slavik ("Slavik"), the Sixth Circuit held that (i) creditor Astro Building Supplies, Inc. ("Astro") had not met its burden of...
Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 4 months ago
Citation:
2011 FED App. 0016P (6th Cir.)
Ruling:
The Bankruptcy Appellate Panel affirmed the rulings of the Bankruptcy Court for the Eastern District of Kentucky which a) granted the chapter 13 debtor standing to pursue an avoidance action...
Judge(s):
Boswell, Harris and McIvor on panel, authored by Harris, J.
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
14 years 4 months ago
Citation:
Fifth Circuit Court of Appeals, Docket no. 10-20788 (This opinion is unpublished and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.)
Ruling:
In this unpublished opinion, the Fifth Circuit rules that the shareholder of a company engaged in the purchase of perishable agricultural commodities may not avoid liability under general trust...
Judge(s):
Before HIGGINBOTHAM, DAVIS, and STEWART, Circuit Judges. PER CURIAM
