Papas v. Buchwald Cappital Advisors, et al. (In re Greektown Holdings, LLC.), Case No. 12-2434 (6th Cir. Aug. 26, 2013)
Ruling:
The Court must consider three issues when determining whether to enter a bar order. First, the court must determine it has jurisdiction to enter such an order; second, the court must determine...
Judge(s):
Boggs and McKeague, Circuit Judges, and Beckwith, Senior District Judge sitting by designation.
Huntington National Bank v. Thomas Richardson, et al. (In re Cyberco Holdings Inc.), Case No. 10-2537 (6th Cir. Aug. 20, 2013)
Ruling:
The bankruptcy court's orders denying the motions to substantively consolidate two Chapter 7 bankruptcy estates were not final orders within the meaning of 28 U.S.C. § 158(a)(1).
Judge(s):
The Honorable Deborah L. Cook, the Honorable Jane Branstetter Stranch, and the Honorable David M. Lawson (United States District Judge for the Eastern District of Michigan, sitting by designation).
Summarized by Dean Langdon , DelCotto Law Group PLLC
12 years 7 months ago
Citation:
File Name 13a0223p.06; Docket No. 12-6362
Ruling:
The Sixth Circuit Court of Appeals dismissed the appeal for lack of jurisdiction, holding that the district court's affirmance of the bankruptcy court order declining to confirm a proposed Chapter...
Philippe Tanguy v. William West (In the Matter of Richard Davis), Case No. 12-20555 (unpublished)(per curiam)
Ruling:
Stern v. Marshall does not deprive a bankruptcy court of jurisdiction over a third party's counterclaims against the bankruptcy estate or trustee relating to acts allegedly committed during the...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
12 years 7 months ago
Citation:
-- F3d. --, No. 12-4047 (3d Cir. July 30, 2013)
Ruling:
The United States Court of Appeals for the Third Circuit reversed the judgment of the United States District Court for the District of Delaware, finding that the United States Bankruptcy Court for...
The Bankruptcy Court abstained from hearing the Halls' adversary proceeding based on the fact all their claims involved state law and had already been resolved by the Oklahoma Court of Civil...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 7 months ago
Citation:
Isaacson v. Manty (In re Isaacson) No. 12-2384 (8th Cir. Court of Appeals., July 19, 2013)
Ruling:
The 8th Cir. Court of Appeals upheld the District Court's affirmation of the Bankruptcy Courts imposition of sanctions against the plaintiff (Isaacson), for making factually unsupported,...
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) held that a defendant impliedly consented to the BC’s entry of a...
8th Cir. (Court of Appeals - Eastern District of Arkansas - Jonesboro - July 9, 2013) Case Nos. 12-2370, 12-2686 and 12-3049
Ruling:
AFFIRMING the district court's ruling that JP Morgan Chase ("JP Morgan") is authorized to do business in Arkansas and may avail itself of the benefit of the Arkansas Statutory Foreclosure Act...
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
12 years 8 months ago
Citation:
Smith v. Atlantic Southern Bank (In re Smith), Case No. 12-12973 (11th Cir. June 28, 2013) (unpublished) (per curiam)
Ruling:
AFFIRMING the District Court, the 11th Circuit held that creditor had both statutory and constitutional standing to seek (i) relief from the automatic stay to institute foreclosure proceedings and...
