Home » Bankruptcy Process and Procedure » Valuation

Rai v. Henderson (In re VCR I, LLC)

Citation:
19-60163 (5th Circuit, Dec 19,2019) Not Published
Case Status:
Affirmed
Ruling:
Affirmed the dismissal of appeal as statutorily moot under 11 USC 363(m). The record amply supported the bankruptcy court's findings that the purchasers were "good faith" purchasers, despite...
Judge(s):
Owen, Haynes and Costa (per curiam)
Tag(s):

Church Joint Ventures, L.P. v. Earl Blasingame (In re Blasingame)

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 3 years 11 months ago
Citation:
Nos. 18-8010/8013/8018 (6th Circuit, Apr 15,2019) Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel held that (i) an action to determine that personal property is property of the bankruptcy estate need not be pleaded with particularity, (ii) there is...
Judge(s):
Opperman, Price Smith, and Wise
Tag(s):

Sandoval v. Taylor

  • Summarized by Lars Fuller , BakerHostetler
  • 4 years 7 months ago
Citation:
17-1241 (10th Circuit, Aug 14,2018) Published
Case Status:
Reversed and Remanded
Ruling:
10th Cir. (D. Colo.) reversed and remanded ruling of bankruptcy court (D. Colo.) on direct appeal finding that proper calculation for lien avoidance under 11 USC 522(f) for jointly owned property...
Judge(s):
Lucero, Phillips, Moritz
Tag(s):

21st Mortgage Corp. v. Glenn

  • Summarized by Lars Fuller , BakerHostetler
  • 4 years 7 months ago
Citation:
No. 17-60533 (5th Circuit, Aug 13,2018) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed ruling of district court (ND. Miss.), affirming bankruptcy court, which overruled secured creditor's objection to chapter 13 plan treatment for failure to include one time...
Judge(s):
Elrod, Costa, Ho
Tag(s):

Daughtrey v. Rivera

  • Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
  • 4 years 8 months ago
Citation:
15-14544 (11th Circuit, Jul 24,2018) Published
Case Status:
Affirmed
Ruling:
A debtor's right to convert to chapter 11 from chapter 7 pursuant to Section 706(a) is limited by subsection (d). Thus, a debtor's right to convert is expressly conditioned on his ability to...
Judge(s):
Tjoflat, Rosenbaum, and Sentelle
Tag(s):

Illinois Department of Revenue v. Hanmi Bank

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 4 years 8 months ago
Citation:
Nos. 147-1575 (N.D. Ill. Bankr. Case No. 12-49658) & 17-2004 (N.D. Ill. Bankr. Case No. 15-05384) (consolidated appeals) (7th Circuit, Jul 09,2018) Published
Case Status:
Affirmed
Ruling:
7th Circuit Court of Appeals affirmed the decision of both Bankruptcy Courts, holding that TDOR's interest, the right to pursue Bulk Sale purchasers personally for sellers' unpaid state taxes, was...
Judge(s):
BUAER, FLAUM, and ROVNER
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):

Bate Land Co. LP, v. Bate Land & Timber LLC (In re Bate Land & Timber LLC)

  • Summarized by Lynn Tavenner , Tavenner & Beran, PLC
  • 5 years 3 months ago
Citation:
16-2037 (4th Circuit) (4th Circuit, Dec 06,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fourth Circuit first reversed the dismissal of the appeal of the confirmation of a partial dirt-for-debt Ch. 11 plan on mootness grounds and then affirmed the Bankruptcy Court's confirmation...
Judge(s):
Judge Duncan authored the opinion, in which Judge Niemeyer and Judge Floyd joined.
Tag(s):

Helming v. Reed (In re Helming)

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 10 months ago
Citation:
No. 16-6033 (8th Circuit, May 04,2017) Published
Case Status:
Affirmed
Ruling:
Eight Circuit BAP affirmed ruling of bankruptcy court (W.D. Mo.-Jefferson City) denying debtor's claim of exemption in annuity under Missouri exemptions. Annuity, including income, was not exempt...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

Robinson v. Worley

  • Summarized by Brett Weiss , The Weiss Law Group, LLC
  • 6 years 1 month ago
Citation:
15-2346 (4th Circuit, Feb 28,2017) Published
Case Status:
Affirmed
Ruling:
In his Chapter 7, Worley, a sophisticated investor, used a low value for his interest in a real estate venture. The bankruptcy court found that he intentionally lowballed the value and denied his...
Judge(s):
J. Harvie Wilkinson, III, Paul V. Niemeyer, and Barbara Milano Keenan
Tag(s):

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