Gold v. Robbins (In re Rowe)

Citation:
NO. 13-1270, --- F.3d ----, 2014 WL 1663329 (4th Cir. Apr. 28, 2014).
Ruling:
Absent extraordinary circumstances, Chapter 7 trustees must be paid on a commission basis, as required by 11 U.S.C. § 330(a)(7).
Judge(s):
The Honorable Allyson K. Duncan, The Honorable Henry F. Floyd, Circuit Judges, and The Honorable Andre M.Davis, Senior Circuit Judge.
Tag(s):

Schwartz-Tallard v. America's Servicing Co

Citation:
America’s Servicing Company v. Schwartz-Tallard (In re Schwartz-Tallard), Case No. 11-1429 (9th Cir. Apr. 16, 2014).
Ruling:
The Court of Appeals for the Ninth Circuit (the "Ninth Circuit") affirmed the decision of the Bankruptcy Appellate Panel for the Ninth Circuit (the "B.A.P."), holding that a debtor is not precluded...
Judge(s):
J. Clifford Wallace and Ronald M. Gould, Circuit Judges and Paul C. Huck, Senior District Judge (sitting by designation).
Tag(s):

Gallagher v. Dockery (In re Gallagher)

Citation:
Gallagher v. Dockery (In re Gallagher), Case No. CC-13-1368-TaKuPa (9th Cir. B.A.P., March 17, 2014) (unpublished)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel reversed the order of the bankruptcy court granting the Chapter 13 trustee's request for return of refunded plan payments made to debtors after debtors'...
Judge(s):
Taylor, Pappas, and Kurtz
Tag(s):

Brosio v. Deutsche Bank National Trust Company (In re Brosio)

Citation:
Brosio v. Deutsche Bank National Trust Company (In re Brosio), BAP No. NC-13-1119-KiDJu (B.A.P. 9th Cir. Mar. 7, 2014)
Ruling:
Affirming the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in determining that debtor was not the "prevailing party" within the...
Judge(s):
KIRSCHER, DUNN, and JURY
Tag(s):

The Cadle Company v. Moore (In the Matter of Moore)

Citation:
No. 13-10325, 2014 U.S. App. LEXIS 470 (5th Cir. Jan. 9, 2014)
Ruling:
The Fifth Circuit reversed the District Court, vacated the order of dismissal and remanded to the Bankruptcy Court because the evidence was insufficient to warrant dismissal for abuse of judicial...
Judge(s):
Hon. Emilio M. Garza, Hon. W. Eugene Davis and Hon. James L. Dennis
Tag(s):

Hosseini v. Key Bank, N.A. (In re Hosseini)

Citation:
B.A.P. No. CC-12-1516-DKiTa (9th Cir. B.A.P. Dec. 19, 2013) [Not for Publication]
Ruling:
In an unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court, holding that the bankruptcy court did not abuse its discretion in awarding debtor only $10.82...
Judge(s):
Dunn, Kirscher, and Taylor
Tag(s):

Raj Kamal Corp., et al. v. Fukushima (In re Raj Kamal Corp.)

Citation:
Raj Kamal Corp., et al. v. Fukushima (In re Raj Kamal Corp.), BAP No. EC-12-1648 (B.A.P. 9th Cir. Dec. 17, 2013)
Ruling:
Ninth Circuit BAP affirmed bankruptcy court's (E.D. California) order denying compensation to attorney for services rendered to Chapter 11 debtor and requiring disgorgement of all funds received. ...
Judge(s):
Kirscher, Pappas, Jury
Tag(s):

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