Aniel v. ResCap Borrower Claims Trust (In re Residential Capital LLC

Citation:
17-1163-bk (2nd Circuit, Apr 04,2018) Not Published
Case Status:
Affirmed
Ruling:
The Second Circuit affirmed the judgment of the district court and bankruptcy court orders disallowing appellants claims.
Judge(s):
Robert D. Sack, Peter W. Hall, Christopher F. Droney
Tag(s):

Houston Sportsnet Finance, L.L.C. v. Houston Astros, L.L.C (In the Matter of Houston Regional Sports Network, L.P.)

Citation:
15-20497 (5th Circuit, Mar 29,2018) Published
Case Status:
Reversed and Remanded
Ruling:
For a Section 506 valuation of collateral in connection with a Chapter 11 cram-down plan, a bankruptcy court has the flexibility to select a valuation date--the petition date, the confirmation...
Judge(s):
Owen, Wiener, and Prado
Tag(s):

J & M Food Services, LLC v. Camel Investment L.L.C.

Citation:
AZ-17-1291-LKuB (9th Circuit, Mar 14,2018) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's orders (1) ruling that the debtor had failed to timely make an oral motion to assume a lease, (2) denying the use of its powers under section 105(a) to grant...
Judge(s):
LAFFERTY, KURTZ, and BRAND, Bankruptcy Judges
Tag(s):

In re Perkins

Citation:
17-8001/8008; File Name: 18b0002p.06 (6th Circuit, Mar 13,2018) Published
Case Status:
Affirmed
Ruling:
Affirming, the Sixth Circuit BAP adopted the Sixth Circuit's chapter 13 standard for calculating debts for purposes of chapter 12 debt limits - reliance on the debtor's schedules, if they were...
Judge(s):
Delk, Harrison and Humphrey. Opinion by Humphrey
Tag(s):

Olson v. Van Meter

Citation:
NV-17-1168-LTiF (9th Circuit, Feb 05,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. reversed and remanded ruling of bankruptcy court (D. Nev.-Reno) dismissing chapter 13 debtor's case sua sponte on ground that debtor's postpetition acceptance of rent from...
Judge(s):
Lafferty, Tighe, Faris
Tag(s):

SPV OSUS Ltd. v. UBS AG

Citation:
16-2173 (2nd Circuit, Feb 09,2018) Published
Case Status:
Affirmed
Ruling:
28 U.S.C. § 1334(b) gives U.S. district courts jurisdiction over actions that may result in the filing of a proof of claim in a bankruptcy case, potentially resulting in (1) the estate incurring...
Judge(s):
CALABRESI, POOLER, RAMOS (S.D.NY., sitting by designation)
Tag(s):

Smith v. IH4 Property West LP (In re Smith)

Citation:
BAP No. CC-16-1414-FLKu (9th Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) denying chapter 13 debtor's motion for damages against creditor based on violation of automatic stay. BAP ruled that creditor deed...
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

Mark Technologies Corp. v. Frazer (In re Mark Technologies Corp.)

Citation:
BAP No. CC-16-1435-KUFL (9th Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit issued single ruling on four separate appeals. BAP dismissed appeals as moot, and in alternative, affirmed on the merits. After bankruptcy court (C.D. Cal.) approved settlement...
Judge(s):
Kurtz, Faris, Lafferty
Tag(s):

IN RE: JFK CAPITAL HOLDINGS, L.L.C

Citation:
16-31151 (5th Circuit, Jan 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Concerning Chapter 7 trustee fees, the Fifth Circuit rejected the rule that Section 326 is merely a statutory cap on fees that may be awarded to chapter 7 trustees. Instead, the Court held that...
Judge(s):
Reavley, Southwick and Haynes
Tag(s):

DAHLIN v LYONDELL CHEMICAL COMPANY

Citation:
16-3419 (8th Circuit, Jan 26,2018) Published
Case Status:
Reversed and Remanded
Ruling:
In this well-written opinion [author's opinion], the Eighth Circuit concluded that due process requires only that the debtor provide notice to "reasonably ascertainable," not "reasonably...
Judge(s):
SMITH, GRUENDER, BENTON
Tag(s):

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