In re Little, No. MW 12-029 (B.A.P. 1st Cir. Jan. 4, 2013).
Ruling:
Affirming the United States Bankruptcy Court for the District of Massachusetts (the "bankruptcy court"), the Bankruptcy Appellate Panel for the First Circuit (the "BAP") held that the bankruptcy...
Heritage Pacific Financial, LLC v. Machuca (In re Machuca), -- B.R. -- (B.A.P. 9th Cir. Dec. 14, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the decision of the Bankruptcy Court awarding the debtor Raul Machuca, Jr. ("Machuca") attorneys' fees under 11 U.S.C. § 523(d)....
Judge(s):
The Honorable Bruce A. Markel, the Honorable Eileen W. Hollowell, and the Honorable Jim D. Pappas, Bankruptcy Judges.
In re Tropicana Entertainment LLC, et al, --- F.3d ---, 2012 WL 3776531, No. 10-3970 (3d Cir. Aug. 31, 2012)
Ruling:
The Third Circuit Court of Appeals held that an ad hoc noteholder committee’s (the “Noteholder Committee”) fees were not entitled to administrative priority pursuant to 11 U.SC. §...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
13 years 6 months ago
Citation:
No citation yet. Case No. 11-30982
Ruling:
District Court's determination that Chapter 13 plan was not filed in good faith was a final order within meaning of 28 U.S.C. §158(d) and Circuit Court has jurisdiction to hear appeal.
There is...
Search Market Direct Inc. v. Jubber (In re Paige), D.C. No. 2:07-CV-00822-DB; BAP No. UT-08-062; D.C. No. 2:09-CV-00988-DB (11th Cir., July 16, 2012)
Ruling:
The Court held: The confirmed Chapter 11 plan was proposed in good faith and was fair and equitable; A proposed competing plan could not have been confirmed because it was not feasible; The...
Judge(s):
BRISCOE, Chief Judge, HOLLOWAY and KELLY, Circuit Judges.
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
13 years 8 months ago
Citation:
Case No. PR-080 (1st Cir. BAP June 28, 2012)
Ruling:
Pursuant to Section 1322(e) of the Bankruptcy Code, the amount of an arrearage under a mortgage secured by the debtor’s principal residence, including the amount of the mortgagee’s attorneys...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
13 years 8 months ago
Citation:
Southwestern Electric Power Company (SWEPCO) v. Committee of Certain Members of Cajun Electric (In re Cajun Electric Power Cooperative, Incorporated), No. 11-31022 2012 U.S. App. Lexis 13081 (5th Cir. 2012).
Ruling:
Fifth Circuit interpreted parties' 1997 agreement to preclude either party's entitlement to reimbursement from the other due to the plain meaning of the relevant terms in the agreement.
Judge(s):
Before JOLLY, DeMOSS, and STEWART, Circuit Judges. PER CURIAM
In re Makris, Case No. 11-1666, 2012 U.S. App. LEXIS 10359 (3d Cir. May 23, 2012) (Not Precedential)
Ruling:
The Third Circuit Court of Appeals VACATED an order of the United States District Court for the District of New Jersey that affirmed the bankruptcy court’s award of fees on fees incurred by the...
Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
13 years 11 months ago
Citation:
No. 11-30462 (5th Cir. March 2, 2012)
Ruling:
The Fifth Circuit affirmed the lower courts' ruling that a law firm that failed to disclose prior transactional assistance to a debtor and was paid a retainer for bankruptcy representation through...
Judge(s):
The Honorable Fortunato Benavides, Carl Stewart, and James Graves, Jr.
No. 10-60028; 2012 WL1008654 (9th Cir. Mar. 27, 2012) (Not For Publication).
Ruling:
The Court of Appeal for the Ninth Circuit affirmed the decision of the Bankruptcy Appellate Panel (“BAP”) for the Ninth Circuit and upheld a ruling by the United States Bankruptcy Court for the...
Judge(s):
The Honorable Harry Pregerson, the Honorable Roland M. Gould, and the Honorable Richard C. Tallman, Circuit Judges.
