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TALON DIVERSIFIED HOLDINGS INC., ET AL. V FORSYTHE

Summarizing by Michael Myers

Pfizer, Inc. v. Law Offices of Peter G. Angelos (In re Quigley Co., Inc.)

Citation:
Case Nos. 11-2635, 11-2767 (Decided April 10, 2012)
Ruling:
The Court had jurisdiction to hear the appeal. Although the bankruptcy court order did not grant or deny relief from the automatic stay, the order was equivalent to a final order from that court...
Judge(s):
Walker, Straub, and Livingston, Circuit Judges
Tag(s):

Washington Mutual Bank v. Carlson (In re Carlson)

Citation:
No. 11-13314 (11th Cir. March 30, 2012)
Ruling:
The 11th Circuit Court of Appeals affirmed the decisions of the District Court for the Southern District of Florida related to an adversary proceeding for non-dischargeability of a Chapter 7 Debtor...
Judge(s):
Dubina, Chief Judge; Marcus and Martin, Circuit Judges.
Tag(s):

In re USA Baby, Inc.

Citation:
Case Nos. 11-2018, 11-2026 (7th Cir. March 28, 2012)
Ruling:
Abitration provisions in creditors' contracts, even if enforceable or enforced, do not destroy bankruptcy court jurisdiction over a debtor's bankruptcy case.
Judge(s):
Posner, Wood and Tinder
Tag(s):

Technical Automation Services Corp. v. Liberty Surplus Insurance Corp.

Citation:
Case No. 10-20640 (5th Cir. March 5, 2012)
Ruling:
The Fifth Circuit declined to extend Stern v. Marshall's limitation on bankruptcy court jurisdiction to magistrate judges and held magistrate judge had authority under Federal Magistrates Act to...
Judge(s):
King, Jolly and Wiener, Circuit Judges
Tag(s):

Statek v. Development Specialists, Inc. (In re Coudert Brothers LLP)

Citation:
Docket No. 10-2723-bk (2nd Cir. February 28, 2012)
Ruling:
The Bankruptcy Court should not have applied the choice of law rules of New York, where Coudert Brothers LLP filed for Chapter 11 protection, but instead the choice of law rules of Connecticut,...
Judge(s):
Jon. O Newman, Guido Calabresi, and Peter W. Hall
Tag(s):

Evans v. The Bank of New York Trust Co., N.A. (In re Evans)

Citation:
No. 11-1096, 2012 U.S. App. LEXIS 3710
Ruling:
The 10th Circuit held that it did not have jurisdiction to review the BAP's decision granting relief from stay because the decision was not designated in Ms. Evans' notice of appeal. In addition,...
Judge(s):
Circuit Judge Kelly, Senior Circuit Judge Porfilio and Circuit Judge Matheson
Tag(s):

Badami v. Sears (In re AFY, Inc.)

Citation:
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6065
Ruling:
The BAP held that the dispute involving the parties' respective claims regarding the life insurance policy in question was a core proceeding under 28 U.S.C. 157(b)(2), and that the bankruptcy court...
Judge(s):
Kressel, Schermer, and Venters
Tag(s):

Ortiz v. Aurora Health Care, Inc. (In re Ortiz)

Citation:
Ortiz v. Aurora Health Care, Inc. (In re Ortiz), Case No. 10-3465 (7th Cir., Dec. 30, 2011)
Ruling:
Relying upon Stern v. Marshall, the Seventh Circuit held that the bankruptcy court did not have constitutional authority to issue a final judgment in adversary proceedings involving claims defined...
Judge(s):
Daniel Tinder (7th Circuit), Ann Williams (7th Circuit), Joan Gottschall (Northern District of Illinois)
Tag(s):

In re IFC Credit Corp.

Citation:
First Chicago Bank & Trust v. Leibowitz (In re IFC Credit Corp.), Ch. 7 Case No. 09-27094, Adv. No. 09-01230, aff'd No. 11-cv-1976, No. 11-2172 (7th Cir. Dec. 5, 2011).
Ruling:
Affirmed. The rule prohibiting pro se corporate filings is nonjurisdictional. Even though a pro se corporate filing is defective, it can be cured by an amended petition signed by an attorney...
Judge(s):
JJ. BAUER, POSNER AND WOOD
Tag(s):

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