Home » Bankruptcy Process and Procedure » Venue/Jurisdiction

GUZMÁN and RODRÍGUEZ v. NOREEN WISCOVITCH RENTAS

Citation:
BAP NO. PR 16-045 (1st Circuit, May 17,2017) Published
Case Status:
Affirmed
Ruling:
The Order denying Debtor's Second Reconsideration of the Bankruptcy Court's order sustaining the Chapter 7 Trustee's objection to certain claimed exemptions is Affirmed.
Judge(s):
Feeney, Finkle and Fagone
Tag(s):

U.S.A. v. Kerr-McGee Corp. (In re Tronox Inc.)

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 9 years 4 weeks ago
Citation:
16-343, 2017WL1403001 (2nd Circuit, Apr 20,2017) Published
Case Status:
Dismissed
Ruling:
a.) Claims derived through a debtor are estate property which only a trustee can assert; b.) District Court order on a contempt motion which enforced existing injunction but made no contempt...
Judge(s):
Kearse, Wesley and Droney
Tag(s):

American Asset Finance LLC v. Feldman (In re Feldman)

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 9 years 1 month ago
Citation:
United States Court of Appeals for the Third Circuit Case No. 16-1073; (D.C. No. 2-14-cv-05267) (3rd Circuit, Apr 14,2017) Not Published
Case Status:
Dismissed
Ruling:
The plaintiff's appeal to the Court of Appeals for the Third Circuit was dismissed where the E.D.Pa. District Court's order vacating the Bankruptcy Court’s summary judgment decision and remand of...
Judge(s):
AMBRO, VANASKIE, and RESTREPO, Circuit Judges
Tag(s):

Lankford v. Wagner

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 9 years 1 month ago
Citation:
16-2221 (10th Circuit, Apr 07,2017) Published
Case Status:
Affirmed
Ruling:
The 10th Circuit affirmed the order of dismissal. The Barton doctrine, derived from Barton v. Barbour, 104 U.S. 126 (1881) and its progeny, "precludes suit against a bankruptcy trustee for claims...
Judge(s):
Kelly, Matheson, and McHugh, Circuit Judges
Tag(s):

PNC Bank v. Sterba

  • Summarized by ,
  • 9 years 1 month ago
Citation:
No. 14-60061 (9th Circuit, Apr 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed BAP's reversal of N.D. Cal. bankruptcy court's ruling that a creditor's claim was timely. Notwithstanding California forum for bankruptcy, under bankruptcy common law, federal...
Judge(s):
Tashima, Smith, Korman
Tag(s):

Koyle v. Sand Canyon Corp.

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 1 month ago
Citation:
No. 16-4035 (10th Circuit, Mar 31,2017) Published
Case Status:
Affirmed
Ruling:
10th Circuit affirmed the ruling of the district court (D. Utah) granting summary judgment in favor of defendants in debtor diversity suit challenging defendants' attempt to foreclose on deed of...
Judge(s):
Kelly, Briscoe, Lucero
Tag(s):

Smalis v. City of Pittsburgh School District, Case Nos. 16-4137 & 16-4261 (3d Cir. Mar. 27, 2017) (not precedential)

  • Summarized by George Utlik , Capital One
  • 9 years 1 month ago
Citation:
16-4137 & 16-4261 (3rd Circuit, Mar 27,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirming the district court's order, which affirmed the bankruptcy court's orders, dismissing Appellant's adversary proceeding and holding that (a) Appellant lacked standing to bring lawsuit on...
Judge(s):
McKee, Jordan, and Restrepo
Tag(s):

Schwab Industries, Inc. v. Huntington National Bank

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 9 years 3 months ago
Citation:
16-3790 (6th Circuit, Feb 13,2017) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the District Court's dismissal of Schwab's appeal as untimely where the notice of appeal was filed two days after the statutory deadline for a bankruptcy appeal expired.
Judge(s):
Boggs, Siler and Donald, opinion by Siler
Tag(s):

Wortley v. Bakst

  • Summarized by David Bury , Stone & Baxter, LLP
  • 9 years 4 months ago
Citation:
15-11923 (11th Circuit, Jan 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:

11th Circuit didn't have appellate jurisdiction to review a direct, certified appeal of a Bankruptcy Court's order dismissing a complaint because the complaint involved a related...

Judge(s):
Marcus, Jordan, and 2nd Circuit Judge Walker (by designation).
Tag(s):

Ozenne v. Chase Manhattan Bank (In re Ozenne)

  • Summarized by Jeffrey Coe , Mesch Clark Rothschild
  • 9 years 6 months ago
Citation:
Ozenne v. Chase Manhattan Bank (In re Ozenne), Case No. 11-60039 (9th Cir. Nov. 9, 2016) (en banc)
Ruling:
Sitting en banc, the Ninth Circuit vacated the BAP's order and remanded the case with instruction to dismiss the mandamus petition for lack of jurisdiction.
Judge(s):
Thomas, Kozinski, Graber, McKeown, Paez, Berzon, Callahan, Smith, Watford, Owens, Friedland
Tag(s):

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