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TALON DIVERSIFIED HOLDINGS INC., ET AL. V FORSYTHE

Summarizing by Michael Myers

Waldman v. Stone

Citation:
Waldman v. Stone (In re Stone), --- F.3d --- 2012 WL 5275241 (6th Cir. Oct. 26, 2012)
Ruling:
(1) Claim for disallowance / discharge of secured claim obtained by fraud and affirmative recovery for state law fraud are within the jurisdiction of the bankruptcy court. (2) Creditor can...
Judge(s):
KETHLEDGE and STRANCH Circuit Judges; GWIN, District Judge
Tag(s):

Ball Kelly, LLC v. Bank of America, N.A.

Citation:
Ball Kelly, LLC, d/b/a Taylor Kelly, LLC v. Bank of America, N.A., No. 11-3369 (10th Cir. 2012)
Ruling:
10th Circuit affirmed the U.S. District Court for the District of Kansas dismissal of complaint for failure to state a claim where plaintiff subcontractor asserted claim for equitable lien in...
Judge(s):
Kelly, Baldock, and Ebel (10th Circuit).
Tag(s):

Fisette v. Keller (In re Fisette)

Citation:
Fisette v. Keller, No. 11-3119 (8th Cir. BAP, September 12, 2012)
Ruling:
The BAP dismissed the US Trustee's appeal of the BAP's prior order order because that order was interlocutory in that "further judicial activity" by the bankruptcy court remained to be completed.
Judge(s):
Wollman, Beam, and Loken.
Tag(s):

Nuveen Municipal Trust v. WithumSmith Brown, P.C.

Citation:
Nuveen Municipal Trust v. Withumsmith Brown, P.C., No. 10-4633 (3d Cir. August 16, 2012)
Ruling:
Affirming the district court, the Third Circuit held that the district court did have “related to” jurisdiction under 28 U.S.C. § 1334(b) to adjudicate Appellant's action against the...
Judge(s):
Judges Ambro, Vanaskie, and Aldisert. (Judge Aldisert dissented to non-bankruptcy portions of the decision.)
Tag(s):

Flores v. Bodden

Citation:
Case No. 11-40557 (5th Cir. June 15, 2012) (Not for Publication)
Ruling:
AFFIRMED the decision of the District Court for Southern District of Texas which found that (1) Bodden exercised complete control over Debtor RJMW Corporation so that he was the Debtor...
Judge(s):
King, Jolly and Graves, Circuit Judges
Tag(s):

Kline v. Deutsche Bank National Trust Co. (In re Kline)

Citation:
BAP No. NM-11-088 (B.A.P. 10th Cir. June 1, 2012)
Ruling:
AFFIRMING the Bankruptcy Court, a three judge panel of the 10th Circuit BAP held that (1) a foreclosing creditor did not willfully violate the automatic stay by serving an amended foreclosure...
Judge(s):
Brown, Rasure, Romero
Tag(s):

Alderwoods Group, Inc. v. Garcia

Citation:
Alderwoods Group, Inc. v. Garcia, et al., Case No. 10-14726 (11th Cir. May 30, 2012) (published)
Ruling:
The judgment of the United States District Court for the Southern District of Florida ("District Court") is vacated because the United States Bankruptcy Court for the Southern District of Florida...
Judge(s):
TJOFLAT and MARTIN, Circuit Judges, and Robert T. DAWSON, United States District Judge for the Western District of Arkansas, sitting by designation
Tag(s):

In re Stone Resources, Inc.

Citation:
In re Stone Resources, Inc., No. 11-2888 (3d Cir. May 29, 2012) (not precedential)
Ruling:
A District Court must review a Bankruptcy Court decision denying relief from the automatic stay under an abuse of discretion standard and cannot engage in its own fact finding when engaging in such...
Judge(s):
Greenway, Jr.; Roth; and Tashima, Circuit Judges
Tag(s):

Deitz v. Ford (In re Deitz)

Citation:
BAP No. EC-11-1427-PaDMk (Apr. 23, 2012)
Ruling:
Notwithstanding possible Stern v. Marshall implications, the Bankruptcy Appellate Panel of the Ninth Circuit held that a judgment against the debtor was excepted from discharge under Bankruptcy...
Judge(s):
PAPPAS, DUNN, MARKELL (Bankruptcy Judges)
Tag(s):

Mallory v. Heitkamp (In re Mallory)

Citation:
No. 11-20192 (5th Cir. April 16, 2012) [Not for Publication]
Ruling:
Affirming the District Court affirmance of the dismissal of Joel Donald Mallory, Jr.’s (“Mr. Mallory”) chapter 13 bankruptcy petition, the Fifth Circuit found that the Bankruptcy Court did...
Judge(s):
Garza, Southwick, and Haynes, Circuit Judges.
Tag(s):

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