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...
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
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
12 years 3 weeks 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...
Goldstein v. Diamond (In re Diamond), Case No. 14-6001 (B.A.P. 8th Cir. Apr. 22, 2014)
Ruling:
A plaintiff filing a complaint objecting to discharge under 11 U.S.C. Sec. 523(a)(3)(B) is not required to move to reopen the underlying bankruptcy case. A bankruptcy court's jurisdiction arises...
In bankruptcy matters, the 30-day time limit incorporated through Federal Rule of Appellate Procedure 6(b)(1) is a non-jurisdictional claim-processing rule under which an untimely appeal can...
First, the defendant-mortgagee was a "person aggrieved" and therefore possessed Article III standing to appeal district court's affirmance of bankruptcy court's ruling that the mortgagee's property...
Judge(s):
Chief Judge Carnes, Circuit Judge Tjoflat and U.S. District Judge Marra (Southern District of Florida)
In re Bishop, No. 13-3805 (3d Cir. Mar. 21, 2014) (unpublished) (per curiam)
Ruling:
State court judgment may not be appealed to bankruptcy court because bankruptcy court lacks jurisdiction to review the merits of a state court proceeding.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 2 months ago
Citation:
Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]
Ruling:
The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
12 years 2 months ago
Citation:
No. 12-51270, Consolidated with No. 12-51279
Ruling:
In the en banc poll, 6 judges voted in favor of rehearing (Chief Judge Stewart and Judges Jolly, Davis, Dennis, Graves, and Higginson, and 8 judges voted against rehearing (Judges Jones, Smith,...
Judge(s):
Before SMITH, GARZA, and SOUTHWICK, Circuit Judges.
