Home » Reversed and Remanded

Appling v. Lamar, Archer & Cofrin, LLP (In re Appling)

  • Summarized by David Bury , Stone & Baxter, LLP
  • 9 years 3 months ago
Citation:
16-11911 (11th Circuit, Feb 15,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Debtor's false oral statement to his attorneys about an anticipated tax refund was, despite being a statement about a single asset, a statement respecting the debtor's "financial condition." The...
Judge(s):
Pryor and Rosenbaum, Circuit Juges, and Martinez, District Judge (sitting by designation)
Tag(s):

Kim v. Wolkowitz (In re Kim)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 3 months ago
Citation:
BAP No. CC-16-11130TaLN (9th Circuit, Feb 15,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Based on the Bankruptcy Appellate Panel's ("BAP") recent ruling in a related case; Hooshim v. Wolkowitz (In re Kim), BAP No. CC-15-1273-TaKuF, 2016 WL 2654350 (9th Cir. BAP May 2, 2016). The...
Judge(s):
Honorable TAYLOR, LAFFERTY, and NOVACK.
Tag(s):

Hometown 2006 - 1 1925 Valley View, L.L.C. v. Prime Income Asset Management, L.L.C.

Citation:
No. 15-10881 (5th Circuit, Feb 03,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Contractual payments due during the sixty-day notice period prior to the termination of a contract are "assets" under the Texas Uniform Fraudulent Transfer Act's ("TUFTA's") broad definition, and...
Judge(s):
Higginbotham, Dennis, and Clement
Tag(s):

McDermott v. Crabtree (In re Crabtree)

Citation:
16-6028 (8th Circuit, Jan 24,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The 8th Circuit concluded that the bankruptcy court misapplied § 522(o) by reducing the debtors' homestead exemption by the value of the nonexempt assets converted into the homestead, rather than...
Judge(s):
Federman, Saladino, and Nail.
Tag(s):

In re Zenga

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 9 years 3 months ago
Citation:
16-8022/8023 (6th Circuit, Jan 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy Appellate Panel (BAP) reversed bankruptcy court's decision to apply equitable estoppel to deny debtors' motion to dismiss two involuntary petitions that had been filed against them. The...
Judge(s):
Humphrey, Opperman and Preston, BAP judges
Tag(s):

Marblegate Asset Management, LLC v. Education Management Finance Corp.

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 9 years 4 months ago
Citation:
2017 U.S. App. LEXIS 782 (2nd Circuit, Jan 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Section 316(b) of the Trust Indenture Act prohibits only non‐consensual amendments to an indenture’s core payment terms; it does not protect a creditor's practical ability to collect on...
Judge(s):
CABRANES, STRAUB, and LOHIER
Tag(s):

Wortley v. Bakst

  • Summarized by David Bury , Stone & Baxter, LLP
  • 9 years 4 months ago
Citation:
15-11923 (11th Circuit, Jan 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:

11th Circuit didn't have appellate jurisdiction to review a direct, certified appeal of a Bankruptcy Court's order dismissing a complaint because the complaint involved a related...

Judge(s):
Marcus, Jordan, and 2nd Circuit Judge Walker (by designation).
Tag(s):

In re Kupfer, No. 14-16697 (9th Cir. Dec. 29, 2016)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 4 months ago
Citation:
No. 14-16697 (9th Circuit, Dec 29,2016) Published
Case Status:
Reversed and Remanded
Ruling:
502(b)(6) cap applies to attorney fees for litigating lessor's claim for future, but not past, rent.
Judge(s):
Susan P. Graber and Mary H. Murguia, Circuit Judges, and Mark W. Bennett, District Judge for the Northern District of Iowa, sitting by designation. Opinion by Judge Graber.
Tag(s):

Aventine Renewable Energy, Inc. v. Glacial Lakes Energy, LLC

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
  • 9 years 5 months ago
Citation:
Nos. 16-1690, -1692 (7th Circuit, Dec 14,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

In a pithy opinion by Judge Posner, the Court found that applicable New York law prohibits a party from obtaining the benefits  of a contract while failing to shoulder the burdens of that...

Judge(s):
Wood, Posner, Rovner
Tag(s):

White v. MAS Financial (In re White)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 5 months ago
Citation:
CC-16-1067-TaKuKi (9th Circuit, Dec 02,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

Bankruptcy court's order denying debtor's fee motion is vacated, and case is remanded to determine whether adversary proceeding was an action on a sales contract and whether attorney's fees are...

Judge(s):
Taylor, Kurtz, Kirscher
Tag(s):

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