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Rosenberg v DVI Receivables

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 9 years 7 months ago
Citation:
Rosenberg v. DVI Receivables XVII, LLC, Case No. 15-2622 (3rd Cir. Aug. 29, 2016)
Ruling:
Section 303(I) of the Bankruptcy Code does not preempt state law claims of non-debtors predicated on the filing of an involuntary bankruptcy petition. The opinion, however, expressly disclaimed...
Judge(s):
Ambro, Jordan, and Scirica
Tag(s):

Gowdy v. Mitchell (In re Ocean Warrior, Inc.)

  • Summarized by Paul Avron , Berger Singerman LLP
  • 9 years 7 months ago
Citation:
No. 15-11891 (11th Cir. Aug. 26, 2016)
Ruling:
The Bankruptcy Court (i) did not abuse its discretion in failing to conduct evidentiary hearing on civil contempt matter because contemnor had notice of the hearing and was given the opportunity to...
Judge(s):
Eleventh Circuit Judges Stanley Marcus and Joel Dubina, and Visiting Eighth Circuit Judge Michael Melloy
Tag(s):

Drury v. U.S. Trustee (In re Drury)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 7 months ago
Citation:
In re Drury, No. CC-15-1441-KuFD (9th Cir. B.A.P. Aug. 23, 2016). Not for publication.
Ruling:
In determining disposable income, a chapter 7 debtor may deduct loan payments that the debtor does not owe on a car that the debtor uses, but does not own.
Judge(s):
Frank L. Kurtz, Robert J. Faris, and Randall L. Dunn, Bankruptcy Appellate Panel Judges.
Tag(s):

Adeli v. Barclay (In re Berkley Delaware Court, LLC)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 7 months ago
Citation:
9th Cir. Case No. 14-55854 (August 23, 2016)
Ruling:
An appeal of a hybrid compromise/sale order was moot under § 363(m) where debtor did not obtain stay pending appeal and the bankruptcy court did not clearly err in determining that the creditor...
Judge(s):
Raymond C. Fisher, Milan D. Smith, Jr., and Jacqueline H. Nguyen, Circuit Judges
Tag(s):

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