Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
11 years 7 months ago
Citation:
Richardson v. Koch Law Firm, P.C No. 12-3868
Ruling:
Court of Appeals Holding:
Since the State Court vacated the initial default judgment, justification for the District Court’s dismissal under Rooker-Feldman no longer exists. Additionally,...
Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
11 years 8 months ago
Citation:
No. 13-3305-bk (Summary Order)
Ruling:
Second Circuit did not have jurisdiction to review the district court's permissive abstention decision. Regarding mandatory abstention, there was no evidence of abuse of discretion to require...
Judge(s):
Livingston, Droney and Nathan (S.D.N.Y. sitting by designation).
Vacating and remanding three district court orders and two bankruptcy court orders, the Fifth Circuit held that both courts lacked subject matter jurisdiction to enter various orders affecting both...
Case No. 13-50781 c/w 13-50783 (5th Cir. August 25, 2014)
Ruling:
VACATED and REMANDED by 5th Circuit. Subject matter jurisdiction is reviewed de novo. Held that Debtor's claim was indeed "related to" the bankruptcy case because it could increase the estate but...
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.
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 9 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...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 9 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.
Ninth Circuit Case No. 12-60019 (August 7, 2014) (Unpublished)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.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 9 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
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.
