Encanto Restaurants, Inc. v. Vidal, et al

Citation:
Bankruptcy Case Nos. 12-08567-MCF & 12-08570-MCF (Consolidated) , Adv. Pro. No. 14-00030-MCF, BAP No. PR 16-034 (1st Circuit, Mar 21,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Encanto lacks standing to pursue an appeal from the June 2016 Order and the Judgment to the extent that those rulings denied Encanto’s requests for relief for alleged violations of § 362’s...
Judge(s):
Bankruptcy Judge Mildred Caban Flores, BAP Judges: Bailey, Harwood and Fagone
Tag(s):

Martinez v. Sears (In re Sears)

Citation:
BAP No. CO-16-025 (10th Circuit, Mar 24,2017) Published
Case Status:
Affirmed
Ruling:
A prima facie case under § 727(a)(3) requires a showing that debtor failed to maintain and preserve adequate records and that the failure made it impossible to ascertain his financial condition...
Judge(s):
Cornish, Michael, Hall (Michael)
Tag(s):

Hujazi v. Schoenmann (In re the Zuercher Trust of 1999)

Citation:
NC-15-1174-KuBS (9th Circuit, Mar 22,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's order approving the sale of two apartment buildings and finding that purchaser was a good faith purchaser within the meaning of § 363(m) affirmed.
Judge(s):
Kurtz, Brand, Spraker
Tag(s):

Gugliuzza v. Federal Trade Commission (In re Gugliuzza)

Citation:
No. 15-55510 (9th Circuit, Mar 24,2017) Published
Case Status:
Dismissed
Ruling:
9th Circuit dismissed appeal, holding that it lacked jurisdiction to review district court's order, which reversed in part a bankruptcy court's grant of summary judgment against a bankruptcy debtor...
Judge(s):
Callahan, Bea, Ikuta
Tag(s):

Goat Island South Condominium Assoc., Inc. v. IDC Clambakes, Inc. (In re IDC Clambakes, Inc.)

Citation:
15-1771, 15-1818 (1st Circuit, Mar 24,2017) Published
Case Status:
Reversed
Ruling:
The Court of Appeals reversed the District Court's Opinion and affirmed the Bankruptcy Court's decision to award no equitable relief to the Associations. Nothing on the Rhode Island Supreme Court...
Judge(s):
Lynch, Baldock (sitting by designation) and Kayatta
Tag(s):

Maxwell Real Estate Investment, LLC v. Liberty Asset Management Corp. (In re Asset Management Corp.)

Citation:
CC-16-1273-FCTa (9th Circuit, Mar 21,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court denying motion for relief from stay because movants did not need relief from stay to prosecute claim in bankruptcy court. While creditor...
Judge(s):
Faris, Clement, Taylor
Tag(s):

Cosmetic Plus Group Ltd. v. Gowan (In re Dreier LLP)

Citation:
16-2827 (2d Circuit, Mar 21, 2017) (2nd Circuit, Mar 21,2017) Not Published
Case Status:
Affirmed
Ruling:
The Second Circuit held that a claim against a law firm for settlement proceeds received by the law firm on behalf of the client was a general unsecured claim where the law firm dissipated the...
Judge(s):
Dennis Jacobs, Robert D. Sack, and Paul A. Engelmayer (District Judge)
Tag(s):

U.S.A. v. Lagos

Citation:
16-20146 (5th Circuit, Mar 17,2017) Not Published
Case Status:
Affirmed
Ruling:
Mandatory Victims Restitution Act (“MVRA”) allows victim lender to recover, as restitution, legal fees incurred during the borrower's bankruptcy filing , as well as the expert and forensic...
Judge(s):
PRADO and HIGGINSON, This opinion is being entered by a quorum of this court pursuant to 28 U.S.C. § 46(d)
Tag(s):

Gavin v. Tousignant (In re Ultimate Escapes Holdings LLC, et al)

Citation:
16-1679 (3rd Circuit, Mar 17,2017) Not Published
Case Status:
Affirmed
Ruling:
Third Circuit affirmed district court's adoption of bankruptcy court's recommendation to enter judgment in favor of two inside directors where trustee failed to prove they breached their fiduciary...
Judge(s):
Ambro (author), Vanaskie and Scirica
Tag(s):

ABOVE-ALL TRANSPORTATION, INC. v FRAHER

Citation:
BAP No. MB 16-026 (MA BK Case No. 14-14241-MSH, Adv Pro No. 14-01201-MSH) (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...
Judge(s):
Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)
Tag(s):

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