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TALON DIVERSIFIED HOLDINGS INC., ET AL. V FORSYTHE

Summarizing by Paris Gyparakis

Carbo v. Board of Tax Assessors

Summarizing by Danielle Scott

Guallini-Indij v. Banco Popular de Puerto Rico

Summarizing by Bradley Pearce

Home » Bankruptcy Process and Procedure » Venue/Jurisdiction

Empire State Building Co., L.L.C. v. New York Skyline, Inc. (In re New York Skyline, Inc.)

  • Summarized by G. Warner , St. John's University School of Law
  • 10 years 10 months 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No. 14-2585-bk (Summary order, not precedential)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,
Tag(s):

Moses v. Cashcall, Inc.

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 10 years 12 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
Tag(s):

Houston v. Queen

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 10 years 12 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...
Judge(s):
Before SMITH, PRADO, and OWEN, Circuit Judges.
Tag(s):

Civic Partners Sioux City, LLC v. Main Street Theaters, Inc. (In re Civic Partners Sioux City, LLC)

Citation:
No. 13-3636 (8th Cir. Mar. 3, 2015).
Ruling:
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...
Judge(s):
Murphy, Smith, and Gruender.
Tag(s):

Velasquez v. Bank of America (In re Velasquez)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 2 weeks ago
Citation:
NC-14-1237-TaPaJu (9th Cir. BAP February 24, 2015) Unpublished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...
Judge(s):
TAYLOR, PAPPAS, and JURY, Bankruptcy Judges
Tag(s):

Kitron; Angello v. Valley Health System (In re Valley Health System)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 2 weeks ago
Citation:
Kitron, et al. v. Valley Health System (In re Valley Health System), BAP No. CC-11-1100-DPaTa (BAP 9th Cir. Feb. 24, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court dismissing under Rule 12 suit commenced by creditors against chapter 9 debtor and other parties. BAP agreed that appellants'...
Judge(s):
Dunn, Pappas, Taylor
Tag(s):

Baker v. Baker (In the Matter of Baker)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 11 years 2 weeks ago
Citation:
No. 14-10569 (non-precedential)
Ruling:
Fifth Circuit AFFIRMED lower courts' rulings that bankruptcy court could exercise jurisdiction to interpret and enforce its own prior sale order. District Court further did not commit err by...
Judge(s):
KING, DAVIS, and OWEN (per curiam)
Tag(s):

JWL Entertainment Group, Inc. v. Fisher Island Ltd. (In re Fisher Island Investments, Inc; In re Little Rest Twelve Inc.; and In re Mutual Benefits Offshore Fund, Ltd..)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 11 years 2 weeks ago
Citation:
JWL Entertainment Group, Inc. v. Fisher Island Ltd. (In re Fisher Island Investments, Inc; In re Little Rest Twelve Inc.; and In re Mutual Benefits Offshore Fund, Ltd..), Case No. 12-15595 (11th Cir. Feb. 20, 2015) .]
Ruling:
In five consolidated appeals involving a dispute as to the ownership of three related involuntary bankruptcy debtors, the Eleventh Circuit affirmed the District Court’s (i) denial of the Zeltser...
Judge(s):
HULL, JULIE CARNES and WALKER (Hon. John Walker, Jr., U.S. Circuit Judge for the Second Circuit, sitting be designation).
Tag(s):

Eugenio v. Continental Pacific, LLC (In re Eugenio)

Citation:
Ninth Circuit Bankruptcy Appellate Panel, No. HI-13-1459-KuJuKi (February 5, 2015)
Ruling:
Order affirming ruling denying motion for reconsideration pursuant to FRCP 60(b) and FRBP 9024 of order granting summary judgment. The BAP rejected arguments that the proceeding was improperly...
Judge(s):
Kurtz, Jury and Kirscher
Tag(s):

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