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Martin v. Hauck (In re Hauck)

Summarized by Benjamin Ellison , Salish Sea Legal PLLC
12 years 4 months ago

Citation:: unreported

Ruling:

The Tenth Circuit made two findings concerning waived arguments. First, because the argument was not raised before the bankruptcy court, the Court of Appeals rejected Debtors' contention that they...

Judge(s):

Lucero, Brorby, Bacharach

Tag(s):

Fischer v. Great Western Bank (In re Fischer)

Summarized by Lars Fuller , BakerHostetler
12 years 4 months ago

Citation:: Fischer v. Great Western Bank (In re Fischer), No. 13-6043 (BAP 8th Cir. November 18, 2013)

Ruling:

The Eighth Circuit BAP affirmed the bankruptcy court's denial of debtor's motion for contempt against lender. The BAP found that the bankruptcy court's order simply approving the stipulation did...

Judge(s):

Federman, Kressel, Nail

Tag(s):

Legendary Stone Arts, LLC v. Maness (In re Maness)

Summarized by Michael Tamburini , Levy Craig
12 years 4 months ago

Citation:: Legendary Stone Arts, LLC v. Maness (In re Maness), Case No. 13-6037 (BAP 8th Cir., August 29, 2013)

Ruling:

The BAP affirmed the bankruptcy court's ruling that the defendant in this adversary action, Legendary Stone, LLC, had met its burden of presenting evidence that its representatives were not...

Judge(s):

Kressel, Saladino, and Shodeen

Tag(s):

Geron v. Seyfarth Shaw LLP

Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
12 years 4 months ago

Citation:: Docket No. 12-4138

Ruling:

Second Circuit certified the following question of law for the N.Y. Court of Appeals: does New York law treat a dissolved law firm's pending hourly fee matters as its property?

Judge(s):

Lynch, Chin and Carney

Tag(s):

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Nondebtor Releases Are Still Permissible in Chapter 15, Delaware District Judge Says
Foreign reorganizations with nondebtor releases are not ‘manifestly contrary’ to public policy after Purdue, according to the chief district judge in Delaware.
Debtor Awarded Almost $2.7 Million in Damages for a Usurious Merchant Cash Advance
Merchant cash advances carried effective annual percentage rates of 427.9% and 348.3%.
In a Surplus Chapter 11 Estate, Trustee Commissions Aren’t Based on Equity Distributions
In a nonprecedential opinion, the Fifth Circuit concludes that a chapter 7 trustee’s commissions are not based on distributions to equity holders, even when creditors are paid in full.
In a Surplus Chapter 11 Estate, Trustee Commissions Are Based on Distributions to Equity
The prohibition in Section 326(a) to calculating a chapter 11 trustee’s commission on distributions to the debtor does not apply when creditors are paid in full and a distribution goes to equity security holders.
Sometimes, a Debtor May Claim an Exemption in Fraudulently Transferred Property
The Section 522(g) preclusion of an exemption on fraudulently transferred property only applies if the trustee recovers the property.

Lars Fuller
BakerHostetler
Cases Summarized 262
Bradley Pearce
Pearce Law PLLC
Cases Summarized 242
Amir Shachmurove
Brown Rudnick LLP
Cases Summarized 175
David Treacy
U.S. Bankruptcy Court, Eastern District of Kentucky
Cases Summarized 109
Joel Newell
Ballard Spahr, LLP
Cases Summarized 98

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