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):

Mission Product Holdings, Inc. v. Old Cold LLC

Citation:
16-90102, 116-9015 (1st Circuit, Jan 12,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's finding of good faith in a §363 sale affirmed; otherwise the appeal is moot due to the sale having been completed without a stay.
Judge(s):
Kayatta (author), Torruella, and Lynch
Tag(s):

Dering Pierson Group, LLC v. Kantos

Citation:
No. 17-6014 (8th Circuit, Jan 09,2018) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed ruling of bankruptcy court (D. Minn - St. Paul) entering judgment on 523(a)(6) claim in favor of debtor. BAP found no error in bankruptcy court ruling that creditor failed...
Judge(s):
Nail, Schermer, Dow
Tag(s):

CIT Bank, N.A. v Ryan (In re Ryan)

Citation:
HI-16-1391-TaLB (9th Circuit, Jan 04,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Circuit reversed and remanded ruling of bankruptcy court (D. Hawaii) after bankruptcy court entered order approving of chapter 7 debtors' revised statement of intention regarding real...
Judge(s):
Taylor, Lafferty, Brand
Tag(s):

IN RE: EUTSLER

Citation:
2:15-bk-00870 (9th Circuit, Dec 27,2017) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (ED Wash.) denying motion for relief from stay by creditors seeking to enforce option agreement to purchase stock from ch. 13 debtor. Option...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

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