Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
13 years 12 months ago
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In re Stone Resources, Inc., No. 11-2888 (3d Cir. May 29, 2012) (not precedential)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...
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...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
14 years 1 month ago
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No. 11-20192 (5th Cir. April 16, 2012) [Not for Publication]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...
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...
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.
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
14 years 1 month ago
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.
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...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
14 years 2 months ago
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,...
Summarized by Megan Adeyemo , Gordon Rees Scully Mansukhani, LLP
14 years 2 months ago
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,...
