Weil v. Elliott

Citation:
16-55359 (9th Circuit, Jun 14,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the BAP, the 9th Circuit, with a concurrence, ruled that 11 U.S.C. § 727(e)(1) is a statute of limitations, not a statute of repose, The debtor's failure to plead the statute of...
Judge(s):
WALLACE, CHRISTEN, WATFORD
Tag(s):

In re Ross

Citation:
No. 15-2222 (In re Ross, 2017 U.S. App. LEXIS 10236 (3d Cir. Pa. June 8, 2017) (3rd Circuit, Jun 06,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court has the general authority to impose a filing injunction after a chapter 13 debtor moves for voluntary dismissal under 11 U.S.C.S. § 1307(b). However, the injunction imposed...
Judge(s):
VANASKIE, KRAUSE, and NYGAARD
Tag(s):

In re JJE & MM Group LLC

Citation:
16-1408-bk (2nd Circuit, Jun 05,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Second Circuit reversed the decisions of the District Court and Bankruptcy Court imposing sanctions on a debtor's attorney for a repeat chapter 11 filing on the eve of a foreclosure sale and in...
Judge(s):
Jon O. Newman, Jose A. Cabranes, Gerard E. Lynch
Tag(s):

Official Committee of Unsecured Creditors v. CIT Group (in re Jevic Holding Corp., et al.)

Citation:
The opinion is not worth of being summarized. It is simply vacating the prior court decision in light of the Supreme Court's decision reversing the Third Cicuit. (3rd Circuit, May 08,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
see above. Opinion not worth summarizing.
Judge(s):
Opinion not worth summarizing
Tag(s):

Park Restoration, LLV v. Erie Insurance Exchange (In re The Trustees of Conneaut Lake Park, Inc.)

Citation:
16-2516 (3rd Circuit, May 02,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The United States District Court for the Western District of Pennsylvania erred when it held that a "named insured," as used in 40 Pa. State. § 638, only includes that who own a structure and are...
Judge(s):
Fisher, Hardiman, and Greenaway, Jr.
Tag(s):

McDermott v. St. George (In re St. George)

Citation:
File Name: 17b0002n.06; Nos. 16-8017-8018 (6th Circuit, Apr 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy Appellate Panel (BAP) reversed the decision of the Bankruptcy Court which had (i) granted a second motion by the U.S. Trustee's Office (UST) to extend the time to file a complaint...
Judge(s):
Delk, Harrison and Preston
Tag(s):

PNC Bank v. Sterba

Citation:
No. 14-60061 (9th Circuit, Apr 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed BAP's reversal of N.D. Cal. bankruptcy court's ruling that a creditor's claim was timely. Notwithstanding California forum for bankruptcy, under bankruptcy common law, federal...
Judge(s):
Tashima, Smith, Korman
Tag(s):

First Community Bank v. Gaughan (In re Miller)

Citation:
No. 14-16854 (9th Circuit, Mar 31,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed ruling of district court (D. Ariz.), after district court reversed bankruptcy court's summary judgment in favor of judgment lien creditor, who brought adversary against chapter...
Judge(s):
Tashima, Smith, Korman
Tag(s):

Stein v. Stubbs (In re Stubbs)

Citation:
File Name: 17b0003p.06; Case Nos. 16-8025/8027 (6th Circuit, Mar 09,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Sixth Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's orders denying the Chapter 7 Trustee's motion for default judgment, dismissing the adversary proceeding and vacating...
Judge(s):
Humphrey, Opperman and Preston, Bankruptcy Appellate Panel Judges
Tag(s):

Blue Cross Blue Shield of North Carolina v. Jemsek Clinic, P.A. (In re Jemsek Clinic, P.A.

Citation:
16-1030 (4th Circuit, Mar 03,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Dismissing with prejudice a creditor’s claims valued at over $10 million and sanctioning that creditor by making it pay debtor’s attorney’s fees in the amount of $1.29 million was an abuse of...
Judge(s):
Wilkinson, Motz, Floyd (Motz)
Tag(s):

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