SEC, et al v. Albert Kaleta

• Summarized by Lars Fuller , BakerHostetler
• 1 month 1 week ago

Citation:

18-20579 (5th Circuit, May 15,2019) Not Published

Case Status:

Dismissed

Ruling:

In non-bankruptcy SEC receivership case, 5th Circuit dismissed for lack of jurisdiction movants' appeal of district court's (SD Tex.) denial of their motion for leave to sue SEC receiver and motion...

Judge(s):

Stewart, Graves, Duncan

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Professional Practice Areas
• Commercial Fraud
• SEC Issues

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

• Summarized by Samuel Henninger , University of Tennessee College of Law
• 5 months 1 week ago

Citation:

No. 18-6022, 2019 WL 177965 (8th Circuit, Jan 14,2019) Not Published

Case Status:

Dismissed

Ruling:

A foreclosure sale in a bankruptcy case is not subject to modification by an appellate court unless the appellant receives a stay pending appeal.

Judge(s):

Saladino, Nail, Dow

Tag(s):

• 8th Circuit
• Automatic Stay
• Mortgage
• Real Estate

IN RE: BRACE, JR.

• Summarized by Lars Fuller , BakerHostetler
• 7 months 2 weeks ago

Citation:

No. 17-60032 (9th Circuit, Nov 08,2018) Published

Case Status:

Dismissed

Ruling:

9th Cir. certified question for California Supreme Court regarding conflicting presumptions in real property ownership related to community property and title in deed. Community property...

Judge(s):

Callahan, Nguyen, Ezra

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Personal Bankruptcy Topics
• Family/Divorce Issues
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 541

IN RE: LANE

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 7 months 4 weeks ago

Citation:

18-8005 (6th Circuit, Oct 30,2018) Published

Case Status:

Dismissed

Ruling:

The BAP dismissed creditor's appeal from an order denying a post-confirmation motion to dismiss, holding it was not a final order under In re Jackson Masonry and Bullard v. Blue Hills Bank. The BAP...

Judge(s):

Buchanan, Dales & Wise. Opinion by Dales.

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Rule 8004

IN RE: HOAG URGENT CARE-TUSTIN, INC.

• Summarized by Lars Fuller , BakerHostetler
• 7 months 4 weeks ago

Citation:

BAP No. CC-18-1075-FLS (9th Circuit, Oct 11,2018) Not Published

Case Status:

Dismissed

Ruling:

BAP for 9th Circuit dismissed appeal of bankruptcy court (CD Cal.) denying debtors' motion to extend exclusivity period for filing chapter 11 plan. Bankruptcy court order was not final, appealable...

Judge(s):

Faris, Lafferty, Spraker

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• 9006
• § 1121

Moti Partners, LLC v. Desert Palace, Inc. (In re Caesars Entertainment Operating Co., Inc.)

• Summarized by Lars Fuller , BakerHostetler
• 10 months 1 week ago

Citation:

BAP No. NV-17-1386-LBTa (9th Circuit, Aug 20,2018) Published

Case Status:

Dismissed

Ruling:

BAP for 9th Cir. dismissed appeal for lack of subject matter jurisdiction based on 28 USC 1447(d)'s prohibition against appellate review of remand orders. Bankruptcy court's (D. Nev.) reasoning...

Judge(s):

Lafferty, Brand, and Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Hospitality, Entertainment Venues and Gaming
• 28 USC 158(c)(2)

Samuel v. JPMorgan Chase Bank, N.A.

• Summarized by Lars Fuller , BakerHostetler
• 10 months 4 weeks ago

Citation:

BAP No. EC-17-1036-BHKu (9th Circuit, Jul 31,2018) Not Published

Case Status:

Dismissed

Ruling:

BAP for 9th Circuit dismissed debtor's appeal as moot following appeal of order by bankruptcy court (ED Cal.) granting chapter 11 trustee's motion for (1) use of cash collateral, (2) authorizing...

Judge(s):

Brand, Hursh, Kurtz

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 363

Lind v. Spacone

• Summarized by Lars Fuller , BakerHostetler
• 10 months 4 weeks ago

Citation:

BAP No. EC-18-1001-BHKu (9th Circuit, Jul 27,2018) Not Published

Case Status:

Dismissed

Ruling:

BAP for 9th Circuit dismissed appeal of order approving sale as moot after trustee and buyer agreed to abandon the sale and filed new motion with bankruptcy court to approve sale. Based on...

Judge(s):

Brand, Hursh, Kurtz

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 363

Henry v. Danielson

• Summarized by Lars Fuller , BakerHostetler
• 11 months 4 weeks ago

Citation:

CC-17-1249-TaLLs (9th Circuit, Jun 27,2018) Not Published

Case Status:

Dismissed

Ruling:

BAP for 9th Cir. dismissed chapter 13 debtor's appeal of unspecified "orders" based on lack of jurisdiction. Debtor's pro se notice of appeal referenced various orders from prior to date of notice,...

Judge(s):

Taylor, Lafferty, Lastreto

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• Family/Divorce Issues
• 8002

Wilkins v. Menchaca

• Summarized by Lars Fuller , BakerHostetler
• 11 months 4 weeks ago

Citation:

CC-17-1335-KuLS, CC-17-1337-KuLS, CC-17-1346-KuLS (9th Circuit, Jun 28,2018) Published

Case Status:

Dismissed

Ruling:

BAP for 9th Circuit dismissed appeals based on lack of jurisdiction. Time to appeal under FRBP 8002(d)(1)(B) was statutory and jurisdictional, not "mandatory claim-processing rule," i.e.,...

Judge(s):

Kurtz, Lafferty, Spraker

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Rule 8002

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