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In re: WHITTAKER CLARK & DANIELS INC

Summarizing by Bradley Pearce

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America's Servicing Company v. Schwartz-Tallard (In re Schwartz-Tallard)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 6 months ago
Citation:
In re Schwartz-Tallard, No. 1260052 (9th Cir. Oct. 14, 2015).
Ruling:
A debtor may recover all attorney fees incurred in prosecuting an action for damages under § 362, not just those incurred until the stay violation ceases.
Judge(s):
Sidney R. Thomas, Chief Judge, Stephen Reinhardt, Diarmuid F. O’Scannlain, M. Margaret McKeown, William A. Fletcher, Richard C. Tallman, Carlos T. Bea, Milan D. Smith, Jr., Sandra S. Ikuta, Paul J. Watford, and Andrew D. Hurwitz, Circuit Judges. Opinion by Judge Watford; concurrence by Judge Bea; dissent by Judge Ikuta.
Tag(s):

Ng-A-Qui v. College Assist (In re Ng-A-Qui)

Citation:
Ninth Circuit BAP No. WW-14-1551-FJuKi
Ruling:
Applying the three-part Brunner test, Appellant failed to meet her burden to demonstrate undue hardship while attempting to discharge her student loan debt pursuant to 11 USC § 523 (a)(8). Under...
Judge(s):
FARIS, JURY and KIRSCHER, Bankruptcy Judges
Tag(s):

In re Revel AC, Inc., et al.

  • Summarized by Edward Durnil , Tranzon Asset Advisors
  • 10 years 6 months ago
Citation:
In re Revel AC, Inc., et al. (3d Cir. 15-1253, Sept. 30, 2015)
Ruling:
Third Circuit reversed the District Court's denial of IDEA Boardwalk, LLC's ("IDEA") motion for stay pending appeal with respect to the portion of the Bankruptcy Court's sale order that allowed the...
Judge(s):
Ambro, Schwartz and Krause
Tag(s):

Olson v. Anderson (In re Anderson)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 10 years 6 months ago
Citation:
9th Cir. BAP No. WW-14-1262-JuKiF (Oct. 7, 2015) (unpublished)
Ruling:
The 9th Cir. BAP held that special counsel to Chapter 7 trustee was required to disgorge fees and to pay attorneys fees under Rule 11 for settling the Debtor's personal injury lawsuit, and then...
Judge(s):
JURY, KIRSCHER, and FARIS
Tag(s):

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