In non-bankruptcy SEC receivership case, 5th Circuit dismissed for lack of jurisdiction movants' appeal of district court's (SD Tex.) denial of their motion for leave to sue SEC receiver and motion...
The Court of Appeals for the Tenth Circuit affirmed the bankruptcy court's (D. Colo.) holding that the debtor’s obligation pursuant to a default judgment obtained by creditors in state court...
The appeal was dismissed as moot because the appellants failed to appeal the bankruptcy court's order confirming a Chapter 11 plan. The plan incorporated a Settlement Agreement that extinguished...
The Court held that a secured creditor's failure to file a proof of claim on 2 properties in a federal receivership did not result in that creditor's security interests in those properties being...
Judge(s):
Jordan and Pryor, Circuit Judges, and Proctor, District Judge (sitting by designation)
BAP for 9th Circuit affirmed rulings of bankruptcy court (D. Az.), entering net nondischargeable judgment against debtors after setting off stay violation penalties against creditor. The BAP...
Tripodi, Jr. v. Welch, et al., Case No. 14-4084 (7th Cir. January 8, 2016). Published.
Ruling:
A default judgment against a person for violating state or federal securities laws will be given preclusive effect, in contrast to certain default judgments under § 523(a)(2), and held to be...
Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
11 years 1 week ago
Citation:
Nos. 14‐97‐bk(L) (August Term 2014)
Ruling:
The Securities Investor Protection Act, 15 U.S.C. § 78aaa, et seq. (“SIPA” or “the Act”), does not permit an inflation or interest adjustment to “net equity” claims for customer...
Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 3 months ago
Citation:
Docket No. 14-3067; File name 14a0284p.06
Ruling:
Affirming the decision of the Bankruptcy Appellate Panel (which affirmed the Bankruptcy Court), the Sixth Circuit Court of Appeals rules that the Bankruptcy Court had constitutional authority to...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 7 months ago
Citation:
12-5286
Ruling:
The district court correctly held that the Securities Investor Protection Corp. (SIPC) could not be compelled to proceed to liquidate the Stanford Group Company (SGC) on behalf of persons who...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 10 months ago
Citation:
Muth v. Muth (In re Muth) 10 Cir. B.A.P., CO-13-055 (May 1, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 10th Circuit Bankruptcy Appellate Panel Affirmed the ruling by the Bankruptcy Court that dismissed the debtor's chapter 11 case and the award of attorney's fees to...
Judge(s):
THURMAN, Chief Judge, CORNISH, and MICHAEL, Bankruptcy Judges.
