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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

Mastro v. Rigby

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 11 years 6 months ago
Citation:
Mastro v. Rigby, Case No. 13-35209 (9th Cir. Aug. 22, 2014)
Ruling:
REVERSED and REMANDED district court's dismissal of appeal under fugitive disentitlement doctrine with instructions to consider merits of appeal from bankruptcy court's judgment of fraudulent...
Judge(s):
Arthur L. Alarcon, A. Wallace Tashmina, and Mary H. Murguia. Opinion by Judge Tashmina.
Tag(s):

U.S.A. v. Bond

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 11 years 7 months ago
Citation:
Docket No. 12-4803-bk (2d Cir. August 13, 2014)
Ruling:
The bankruptcy court lacked subject matter jurisdiction to decide a tax refund claim because the liquidating trustee appointed pursuant to the Debtors' confirmed plan of reorganization did not...
Judge(s):
Jacobs, Sack, and Lohier
Tag(s):

Toste v. Smedberg (In re Toste)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 11 years 7 months ago
Citation:
In re Toste, No. EC-13-1266-TaJuKu (9th Cir. B.A.P. Aug. 12, 2014).
Ruling:
A section 523(a)(6) action in a chapter 13 case is not ripe, and the bankruptcy court lacks jurisdiction, if the debtors have not yet sought a hardship discharge. (Not-for-publication memorandum.)
Judge(s):
Laura S. Taylor, Meredith A. Jury, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

Valley Health Systems Retirement Plan v. Kirton (In re Valley Health Systems)

Citation:
Ninth Circuit Case No. 12-60019 (August 7, 2014) (Unpublished)
Ruling:
"Related to" jurisdiction exists when there is a close nexus between the bankruptcy plan and a mandamus petition. A close nexus exists when resolution of mandamus petition requires court to...
Judge(s):
Pregerson and Wardlaw, Circuit Judges, and Burrell, Senior District Judge sitting by designation.
Tag(s):

Schultze v. Chandler, Sr.

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 11 years 7 months ago
Citation:
9th Cir., August 1, 2014 (No. 12-15186)
Ruling:
The Ninth Circuit amended its opinion dated July 18, 2014, at footnote 1, to state that it need not decide whether the bankruptcy court had the power to enter final judgment because the district...
Judge(s):
Stephen S. Trott, Sidney R. Thomas,and Mary H. Murguia, Circuit Judges
Tag(s):

Deitz v. Ford ( In re Dietz)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 11 years 7 months ago
Citation:
9th Cir. No. 12-60036 (July 28, 2014) (for publication)
Ruling:
Adopting in full the BAP opinion, In re Deitz,469 B.R. 11 (B.A.P. 9th Cir. 2012), the 9th Cir. affirmed the judgment of the bankruptcy court excepting debt from discharge pursuant to Section 523...
Judge(s):
Barry G. Silverman, William A. Fletcher, and Jay S. Bybee, Circuit Judges.
Tag(s):

Flying Pigs, Inc v. RRAJ Franchising, LLC

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 11 years 8 months ago
Citation:
Flying Pigs, LLC v. RRAJ Franchising, LLC., 4th Cir. No.: 13-2135 (July 01, 2014), 2014 U.S. App. LEXIS 12404
Ruling:
Vacated and remanded, via published opinion on July 01, 2014, to the Superior Court of Lenior County, North Carolina.
Judge(s):
Judge Robert B. King, Judge Roger L. Gregory, and Judge Stephanie D. Thacker. Opinion by Judge King, in which Judge Gregory and Judge Thacker joined.
Tag(s):

Bullard v. Hyde Park Savings Bank (In re Bullard)

  • Summarized by William Amann , Amann Burnett, PLLC
  • 11 years 10 months ago
Citation:
U.S.C.A., 1st Cir., No. 13-9009
Ruling:
An intermediate appellate court's affirmance of a bankruptcy court's denial of confirmation of a reorganization plan is not a final order appealable under § 158(d)(1) so long as the debtor...
Judge(s):
Thompson, Stahl and Kayatta
Tag(s):

Cai v. Shenzhen Smart-In Industry Co., LTD

Citation:
9th Cir. BAP, No. 12-56656
Ruling:
The Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court’s determination that the creditors’ claims are excepted from discharge under 11 U.S.C. § 523(a)(2)(A). The BAP further...
Judge(s):
The Honorable Randall L. Dunn, the Honorable Ralph B. Kirscher, and the Honorable Jim D. Pappas
Tag(s):

C.P. Hall Co. v. Columbia Casualty Co.

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
  • 11 years 10 months ago
Citation:
C.P. Hall Co. v. Columbia Cas. Co., No. 13-1306, 2014 WL 1628119 (7th Cir. Apr. 24, 2014).
Ruling:
The Court held that an excess liability insurer lacked standing to object to a settlement between a debtor and one of its primary insurance coverage providers. The Court followed its precedent to...
Judge(s):
Posner, Flaum, Rovner
Tag(s):

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