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Home » Bankruptcy Process and Procedure » Venue/Jurisdiction

Badami v. Sears (In re AFY, Inc.)

Citation:
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6065
Ruling:
The BAP held that the dispute involving the parties' respective claims regarding the life insurance policy in question was a core proceeding under 28 U.S.C. 157(b)(2), and that the bankruptcy court...
Judge(s):
Kressel, Schermer, and Venters
Tag(s):

Ortiz v. Aurora Health Care, Inc. (In re Ortiz)

  • Summarized by Jason Han , Jason Han Law
  • 14 years 2 months ago
Citation:
Ortiz v. Aurora Health Care, Inc. (In re Ortiz), Case No. 10-3465 (7th Cir., Dec. 30, 2011)
Ruling:
Relying upon Stern v. Marshall, the Seventh Circuit held that the bankruptcy court did not have constitutional authority to issue a final judgment in adversary proceedings involving claims defined...
Judge(s):
Daniel Tinder (7th Circuit), Ann Williams (7th Circuit), Joan Gottschall (Northern District of Illinois)
Tag(s):

In re IFC Credit Corp.

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 14 years 3 months ago
Citation:
First Chicago Bank & Trust v. Leibowitz (In re IFC Credit Corp.), Ch. 7 Case No. 09-27094, Adv. No. 09-01230, aff'd No. 11-cv-1976, No. 11-2172 (7th Cir. Dec. 5, 2011).
Ruling:
Affirmed. The rule prohibiting pro se corporate filings is nonjurisdictional. Even though a pro se corporate filing is defective, it can be cured by an amended petition signed by an attorney...
Judge(s):
JJ. BAUER, POSNER AND WOOD
Tag(s):

Lebbos v. Schuette (In re Lebbos)

Citation:
No. 09-15668 / D.C. No. 2:08-cv-01896-FCD (not appropriate for publication and not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
1. The bankruptcy court did not abuse its discretion by awarding chapter 7 trustee costs because Fed. R. Bankr. P. 7054(b) allows the awarding of costs to the prevailing party in an adversary...
Judge(s):
TROTT, GOULD, and RAWLINSON, Circuit Judges.
Tag(s):

ASARCO, Inc. v. Elliott Management (In re ASARCO, L.L.C.)

  • Summarized by Peter Ruggero , Ruggero Law Firm PC
  • 14 years 7 months ago
Citation:
Case No. 10-40930 (5th Cir. Aug 16, 2011)
Ruling:
Court held that a flexible and less stringent standard is used in bankruptcy cases to determine if orders are final for purposes of appellate jurisdiction. Court further held that the business...
Judge(s):
The Hon. Smith and the Hon. Stewart, decided by a quorum due to the death of the Hon. Garwood.
Tag(s):

Healthtrio, Inc. v. Centennial River Corp. (In re Healthtrio, Inc.)

  • Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
  • 14 years 7 months ago
Citation:
Healthtrio, Inc. v. Centennial River Corp. (In re Healthtrio, Inc.) No. 10-1351 (10th Cir. Aug. 5, 2011)
Ruling:
Affirmed. BAP did not have jurisdiction to review an "order for relief" entered by a bankruptcy judge serving in the District of Delaware where a Delaware bankruptcy judge entered an order for...
Judge(s):
Brorby, Senior Circuit Judge, Holmes and Anderson, Circuit Judges
Tag(s):

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