Jester, et al. v. Wells Fargo Bank N.A. (In re Jester), Case No. EO-15-002 (BAP 10th Cir. October 22, 2015). Unpublished.
Ruling:
If a court is unable to provide debtor any relief, reopening a bankruptcy case would be futile and a court does not abuse its discretion if it refuses to reopen the case. In this case, neither the...
Summarized by Bradford Sandler , Pachulski Stang Ziehl & Jones LLP
10 years 7 months ago
Citation:
2nd Cir. No. 14-3915 (2015)
Ruling:
Summary Order affirming the decision of the United States District Court for the Eastern District of New York holding that the Plan was substantially consummated under 11 U.S.C. § 1101(2) of the...
Judge(s):
BARRINGTON D. PARKER, GERARD E. LYNCH, and SUSAN L. CARNEY
Brumfiel v. Lewis, et al. (In re Brumfiel), Case No. CO-15-014 (B.A.P. 10th Cir. October 8, 2015). Unpublished.
Ruling:
Claims debtor fails to disclose in her bankruptcy schedules remain estate property upon closing of the case and bankruptcy court has jurisdiction to approve a settlement respecting those claims...
Lane v. Barney, BAP No. WY-14-061 (BAP 10th Cir. Sept. 28, 2015)
Ruling:
BAP affirmed in part, and reversed in part, order of bankruptcy court (D. Wy.) taxing costs against chapter 7 debtor incurred by trustee in retaking possession of estate property. Notwithstanding...
Gladstone, et al. v. Schaefer, et al. (In re UC Lofts on 4th, LLC, et al.), BAP No. SC-14-1287-JuKlPa & SC-14-1320-JuKlPa (BAP 9th Cir. Sept. 4, 2015)
Ruling:
In a 49 page opinion addressing ten issues related to fraudulent transfer, preference, and equitable subordination claims in a consolidated appeal, the BAP for the 9th Circuit affirmed the ruling...
DTND Sierra Invest. L.L.C. v. CitiMortgage, Inc., No. 14-51141 (5th Cir. Sept. 4, 2015) (per curiam) (unpublished)
Ruling:
Affirmed judgment dismissing lawsuit and imposing $20,000 sanction against plaintiff and its law firm for filing a frivolous lawsuit and threatening to cloud title on property being foreclosed upon...
LNV Corporation v. Hook, et al., No. 14-1438 & 15-1022 (10th Cir. Aug. 19, 2015)
Ruling:
The 10th Circuit affirmed the ruling of the district court (D. Colo.) denying plaintiff's emergency motion for temporary restraining order and/or a preliminary injunction, and request for...
District Court's summary judgment in favor of Huntington National Bank ("HNB") and its wholly owned subsidiary Fourteen Corp. ("14") was reversed and remanded on the grounds that there were...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
10 years 10 months ago
Citation:
Riverbend Condominium Assoc. v. Green (In re Green), No. 14-31117 (5th Cir. July 13, 2015)
Ruling:
Affirmed Bankruptcy and District Court determinations that the privilege created by Louisiana law for all unpaid sums assessed by a condominium association against the condominium owner is a...
Lariat Companies, Inc. v. Wigley (In re Wigley), No. 14-6043 (BAP 8th Cir. June 19, 2015)
Ruling:
The BAP for the 8th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (D. Minn.-Minneapolis) after bankruptcy court sustained debtor's objection and capped creditor's...
