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):

S.E.C. v. Wells Fargo Bank, N.A.

Citation:
16-10942 (11th Circuit, Feb 22,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The Court held that a secured creditor's failure to file a proof of claim on 2 properties in a federal receivership did not result in that creditor's security interests in those properties being...
Judge(s):
Jordan and Pryor, Circuit Judges, and Proctor, District Judge (sitting by designation)
Tag(s):

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

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)

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

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.

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

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):

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