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Roussel v. Clear Sky Properties, LLC

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 7 months ago
Citation:
No. 15-3048 (8th Cir. July 25, 2016)
Ruling:
The 8th Circuit affirmed the ruling of the U.S. District Court (E.D. Ark.), which affirmed the ruling of the bankruptcy court that state court award of attorneys' fees was nondischargeable....
Judge(s):
Smith, Gruender, Benton
Tag(s):

John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)

  • Summarized by ,
  • 9 years 7 months ago
Citation:
John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)
Ruling:
Holdings: United States Court of Appeals for the Second Circuit held that: 1) that the Bankruptcy Court did not abuse its discretion in excluding evidence from the bench trial that had not been...
Judge(s):
JOSÉ A. CABRANES, SUSAN L. CARNEY, CHRISTOPHER F. DRONEY,
Tag(s):

Slobodian v. I.R.S

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 9 years 9 months ago
Citation:
No. 15-2833 (3d Cir. May 10, 2016)
Ruling:
Five alleged preferential transfers made by Net Pay (a payroll processor) to the IRS, on behalf of five different clients, were not avoidable under 11 U.S.C. § 547(b) of the Bankruptcy Code. Four...
Judge(s):
SMITH and HARDIMAN, Circuit Judges
Tag(s):

Templeton, et al. v. Milby, et al. (In re Milby)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 1 week ago
Citation:
9th Circuit Bankruptcy Appellate Case No. CC-15-1180-FCTa (February 24, 2016)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") entered two separate rulings related to the same facts. The BAP held that in tolling statutes of limitations, the courts have typically assumed...
Judge(s):
Bankruptcy Judges FARIS, CORBIT, and TAYLOR.
Tag(s):

The Zuercher Trust of 1999 v. Schoenmann (The Zuercher Trust of 1999)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 1 week ago
Citation:
9th Circuit BAP Case Nos. NC-14-1440-KuWJu and NC-14-1515-KuWJu (Not for Publication)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the sale of real property. In regards to the issue of The Zuercher Trust of 1999 ("Trust") and...
Judge(s):
Bankruptcy Judges KURTZ, WANSLEE, and JURY
Tag(s):

Franklin High Yield Tax-Free Income Fund v. City of Stockton, California (In re City of Stockton, California)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 2 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1550-DJuF (December 11, 2015) Published
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") dismissed, as equitably moot, Franklin High Yield Tax-Free Income Fund and Franklin California High Yield Municipal Fund (collectively,...
Judge(s):
Honorable DUNN, JURY AND FARIS, Bankruptcy Judges
Tag(s):

Green Horizon Manufacturing, LLC v. Encina del Monte Plant 48 Reuse, LLC (In re Green Horizon Manufacturing LLC)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 3 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1510-TaDJu (November 10, 2015)
Ruling:
In the Memorandum decision by the Ninth Circuit Bankruptcy Appellate Pane determined not to be appropriate for publication, the Bankruptcy Appellate Panel appeal of the bankruptcy court order...
Judge(s):
TAYLOR, DUNN, and JURY, Bankruptcy Judges.
Tag(s):

Allana Baroni v. Nationstar Mortgage, LLC (In re Allana Baroni)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 3 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1578-KuDTa (November 10, 2015)
Ruling:
There are three components necessary for constitutional standing, which include (1) injury in fact (2) causation and (3) redressability. The Ninth Circuit Bankruptcy Appellate Panel ("BAP")...
Judge(s):
KURTZ, DUNN and TAYLOR, Bankruptcy Judges
Tag(s):

Zeeb v. Farah (In re Zeeb)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 3 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1012-FKiKu (Not For Publication)
Ruling:
The Bankruptcy Appellate Panel ("BAP") vacated the bankruptcy court's order holding that Samuel Farah's ("Appellee") debt owed by Kamal Zeeb ("Appellant") was nondischargeable. The pre-petition...
Judge(s):
FARIS, KIRSCHER, and KURTZ, Bankruptcy Judges.
Tag(s):

Prometheus Health Imaging, Inc. v. U.S. Trustee (In re Prometheus Health Imaging, Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 4 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1576-FKiKu (November 2, 2015)
Ruling:
The Bankruptcy Appellate Panel ("BAP"), in the ruling determined not appropriate for publication, vacated the bankruptcy court's order dismissing the Chapter 11 case as a bad faith filing and...
Judge(s):
FARIS, KIRSCHER, and KURTZ, Bankruptcy Judges.
Tag(s):

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