No. 10-55227 / D.C. No. 8:09-cv-00952-TJH (not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
The Ninth Circuit affirmed the California District Court’s order affirming the Bankruptcy Court’s approval of the trustee’s sale of real property free and clear of all liens and interests...
Judge(s):
LEAVY, WARDLAW, Circuit Judges, and MAHAN, District Judge
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
14 years 5 months ago
Citation:
Case No. 11-8029 File Name 11b0009n.06
Ruling:
The BAP affirmed the Bankruptcy Court for the Northern District of Ohio Order Denying Motion to Reopen Adversary Proceeding and to Reconsider Court's prior Order that a settlement exsited between...
No. 09-15668 / D.C. No. 2:08-cv-01896-FCD (not appropriate for publication and not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
1. The bankruptcy court did not abuse its discretion by awarding chapter 7 trustee costs because Fed. R. Bankr. P. 7054(b) allows the awarding of costs to the prevailing party in an adversary...
United States Court of Appeals for the First Circuit, Nos. 11-1364, 11-1386, November 1, 2011
Ruling:
The Court ruled that related, multi-count causes of action are deemed effectively abandoned under Bankruptcy Code section 554(c) by virtue of being "scheduled" and not administered by the close of...
The Seventh Circuit reversed the District Court’s holding regarding Appellants/Defendants’ waiver of arbitration, holding that Appellants had (i) acted consistently with an intent to arbitrate...
Judge(s):
Flaum, Manion, and Sykes, Circuit Judges for the Seventh Circuit
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
14 years 6 months ago
Citation:
Sampson v. Washington Mutual Bank, No.11-11400 (11th Cir. October 5, 2011)
Ruling:
The Eleventh Circuit affirmed district court's dismissal of Sampson's complaint. In its analysis, the Eleventh Circuit found that the district court had erred in granting dismissal under FRCP...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
14 years 6 months ago
Citation:
In re McCombs, --- F.3d ----, 2011 WL 4553052 (5th Cir. Oct. 4, 2011)
Ruling:
The Fifth Circuit Court of Appeals (the "Circuit Court") ruled that: (1) pursuant to state law, the judgment creditor (H.D. Smith Wholesale Drug Co.) lacked an enforceable lien against the debtor's...
In re Pontell, No. 11-3028 (3d Cir. Sept. 29, 2011) (NOT PRECEDENTIAL)
Ruling:
Third Circuit dismissed Chapter 13 debtors' appeal of order lifting the automatic stay as moot when Bankruptcy Court had already dismissed the bankruptcy case and decision of dismissal went...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
14 years 7 months ago
Citation:
Case No. 11-40301 (5th. Cir. September 22, 2011
Ruling:
Under 11 U.S.C. § 524(c), an agreement based “in whole or in part” on a dischargeable obligation is unenforceable unless the parties comply with the requirements set forth in § 524(c)(1)-(6)....
Affirmed. Court held non-execution agreement was ambiguous and a party should not be allowed to take advantage of a condition of their own creation to claim an agreement has been breached and...
