Grant, Konvalinka & Harrison, P.C. v. Still (In re McKenzie)

Citation:
Grant, Konvalinka & Harrison, P.C. v. Still (In re Bowers), Nos. 12-6374/6375 (6th Cir. Dec. 17, 2013)
Ruling:
The decision of the district court was affirmed. (1) Though the bankruptcy court's order extending the automatic stay referred to Section 362(e)(1), no preliminary hearing was required because...
Judge(s):
Boggs, Clay, and Gilman
Tag(s):

Farrar v. Warda & Yonano, LLP (In re Bella Vista By Paramont, LLC)

Citation:
Case No. 11-60022, 9th Cir. Dec. 11, 2013 (Not for Publication)
Ruling:
First, with regards to the preference claim, the Ninth Circuit Court of Appeals affirmed the B.A.P.'s ruling that W&Y was not an insider because there was no indicia of control over Bella Vista to...
Judge(s):
Reinhardt, Noonan, Watford
Tag(s):

Ute Mesa Lot 1, LLC v. First-Citizens Bank & Trust Company (In re Ute Mesa Lot 1, LLC)

Citation:
No. 12-1134 (10th Cir. Nov. 25, 2013)
Ruling:
The filing of a notice of lis pendens against real property in Colorado is not a preferential “transfer of an interest in property” within the meaning of § 547(b). In affirming the bankruptcy...
Judge(s):
Kelly, Lucero, and Matheson, Circuit Judges.
Tag(s):

In re KB Toys Inc, et al.

Citation:
No. 13-1197, November 15, 2013, United States Court of Appeals for the Third Circuit
Ruling:
A trade claim that is subject to disallowance under § 502(d) of the Bankruptcy Code in the hands of the original claimant is similarly disallowable in the hands of a subsequent transferee (such as...
Judge(s):
Argued before Judges Chagares, Vanaskie and Shwartz. Opinion by Judge Shwartz
Tag(s):

Rushton v. SMC Electrical Products, Inc (In re C.W. Mining Company)

Citation:
United States Bankruptcy Appellate Panel of the Tenth Circuit, No. UT-13-026
Ruling:
The BAP affirmed the bankruptcy court's ruling, on summary judgment, that the debt between the debtor and creditor-defendant was incurred in the ordinary course of the parties' businesses, and the...
Judge(s):
Cornish, Karlin, and Romero, Bankruptcy Judges. Opinion by Judge Karlin.
Tag(s):

Barney v. Robinson (In re Harry Ville Talermo)

Citation:
In re Harry Ville Talermo, 10th Cir. BAP., WY-13-021 (September 23, 2013) [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion, the bankruptcy appellate panel for the 10th Circuit, reversed and remanded the bankruptcy court's order granting the trustee's motion for summary judgment, which...
Judge(s):
Bankruptcy Judges: Nugent, Karlin and Somers
Tag(s):

In re Sentinel Management Group, Inc. (Appeal of Frederick J. Grede)

Citation:
10‐3787, 10‐3990 & 11‐1123
Ruling:
The 7th Circuit affirmed the District Court's denial of the illegal contract claim that had been filed by the Trustee but reversed the lower court's denial of fraudulent transfer and equitable...
Judge(s):
MANION, ROVNER, and TINDER
Tag(s):

Huntington National Bank v. Thomas Richardson, et al. (In re Cyberco Holdings Inc.)

Citation:
Huntington National Bank v. Thomas Richardson, et al. (In re Cyberco Holdings Inc.), Case No. 10-2537 (6th Cir. Aug. 20, 2013)
Ruling:
The bankruptcy court's orders denying the motions to substantively consolidate two Chapter 7 bankruptcy estates were not final orders within the meaning of 28 U.S.C. § 158(a)(1).
Judge(s):
The Honorable Deborah L. Cook, the Honorable Jane Branstetter Stranch, and the Honorable David M. Lawson (United States District Judge for the Eastern District of Michigan, sitting by designation).
Tag(s):

American Bank, FSB v. Cornerston Community Bank (In re American Bank, FSB)

Citation:
In re: American Bank FSB, 6th Cir Court of Appeals, No. 12-6349, (August 16, 2013)
Ruling:
In an opinion recommended for full text publication, the 6th Circuit Court of Appeals affirmed the ruling by the district court, that, in regards to the competing secured claims by American Bank...
Judge(s):
Circuit Court Judges: GIBBONS, SUTTON and KETHLEDGE
Tag(s):

Charles W. Ries v. Scarlett & Gucciardo, PA, et al.

Citation:
No. 13-6003 (8th Cir. August 1, 2013).
Ruling:
Applying the plain language of Fed. R. Civ. P. 15(c)(1), the Eighth Circuit affirmed the principle that whether the party seeking to amend a pleading knew when the original pleading was filed of...
Judge(s):
Federman, Saladino, and Nail.
Tag(s):

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