Official Committee of Unsecured Creditors of Bulk Petroleum Corp., et al., Bank of Sun Prairie v. Kentucky Department of Revenue, Court of Appeals, 7th Circuit (July 31, 2015)
Ruling:
Kentucky’s excise tax on commercial sale of motor fuel is to be paid by the receiving party, no matter who is doing the collection of the tax. Actual receipt of the fuel occurs at the moment the...
Loveridge v. Hall, et al. (In re Renewable Energy Dev. Corp.), Case No. 14-4001 (10th Cir. July 10, 2015). Published.
Ruling:
Parties have the Constitutional right to have an Article III judge make a final judgment when plaintiff seeks recovery only under state law and when none of the claims necessarily involve the...
Summarized by David Baker , Law Office of David G. Baker
10 years 11 months ago
Citation:
14-2151
Ruling:
District court's order affirmed. The modest sanction that was imposed was well within the bankruptcy court's inherent powers and did not amount to a criminal sanction.
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
10 years 11 months ago
Citation:
___ F.3d ___; Case No. 14-10900 (5th Cir. June 1, 2015)
Ruling:
The court of appeals affirmed the decision by the United States District Court for the Northern District of Texas to dismiss causes of action brought by reorganized debtors under Fed. R. Civ. P....
Summarized by G. Warner , St. John's University School of Law
11 years 4 weeks ago
Citation:
No. 14-2585-bk (Summary order, not precedential)
Ruling:
1- Consent to final adjudication by a non-Article III bankruptcy judge of a non-core matter must be unambiguous. It can be inferred by conduct, but here the debtor's acquiescence to the bankruptcy...
Judge(s):
JOHN M. WALKER, JR., GUIDO CALABRESI, and REENA RAGGI,
Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
11 years 2 months ago
Citation:
Moses v. Cashcall, Inc., 2015 U.S. App. LEXIS 4098 (4th Cir. 2015)
Ruling:
Affirmed in part, reversed in part, and remanded with instructions by per curiam opinion:
"This bankruptcy appeal presents the issue of whether two claims, one for declaratory relief and one for...
Judge(s):
Before: Circuit Judges Paul v. Niemeyer and Roger L. Gregory, and Senior Circuit Judge Andre M. Davis
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
11 years 2 months ago
Citation:
Case: 14-30512
Ruling:
Under Fifth Circuit jurisprudence, the Rooker–Feldman doctrine barred Plaintiffs' action as they were (1) state-court losers; (2) alleging harm caused by a state-court judgment; (3) that was...
The Court of Appeals lacks jurisdiction over appeals from non-final orders of the Bankruptcy Appellate Panel. In particular, an order denying confirmation of a chapter 11 plan of reorganization is...
iqbal v. Patel, __ F.3d __, 2015 WL 859541 (7th Cir. March 2, 2015)
Ruling:
Finding that the Rooker-Feldman doctrine did not preclude pursuit of the plaintiff's claims, the Seventh Circuit Court of appeals reversed the district court's dismissal of a civil racketeering...
NC-14-1237-TaPaJu (9th Cir. BAP February 24, 2015) Unpublished
Ruling:
The dismissal of the administrative bankruptcy case did not automatically divest the bankruptcy court of jurisdiction. The bankruptcy court applied to correct legal standard to determine whether...
