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In re KB Toys Inc, et al.

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 12 years 4 months ago
Citation:
No. 13-1197, November 15, 2013, United States Court of Appeals for the Third Circuit
Ruling:
A trade claim that is subject to disallowance under § 502(d) of the Bankruptcy Code in the hands of the original claimant is similarly disallowable in the hands of a subsequent transferee (such as...
Judge(s):
Argued before Judges Chagares, Vanaskie and Shwartz. Opinion by Judge Shwartz
Tag(s):

Kulakowski v. Walton (In re Kulakowski)

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 12 years 4 months ago
Citation:
Kulakowski v. Walton (In re Kulakowski), Case No. 12-15294 (11th Cir. Nov. 15, 2013) (published).
Ruling:
Bankruptcy court, in appropriate circumstances, can consider the entirety of a non-filing spouse's income in its totality of the circumstances analysis under 11 U.S.C. Section 707(b)(3)(B).
Judge(s):
Jordan, Dubina, and Baldock
Tag(s):

Thomas v. Federal National Mortgage Association (In re Thomas)

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 12 years 4 months ago
Citation:
United States Bankruptcy Appellate Panel of the 10th Circuit, Appeal No. WO-13-029.
Ruling:
The BAP affirmed the bankruptcy court's order confirming that Appellee had standing as a "party in interest" to seek a comfort order under 11 U.S.C. section 362(j), reviewing the bankruptcy court's...
Judge(s):
Karlin, Romero, and Jacobvitz, Bankruptcy Judges. Opinion by Karlin.
Tag(s):

BP RE, L.P. v. RML Waxahachie Dodge, L.L.C.

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 12 years 4 months ago
Citation:
No. 12-51270, Consolidated with No. 12-51279
Ruling:
Adopting the Sixth Circuit's reasoning in Waldman v. Stone, 689 F.3d 910, 919 (6th Cir. 2012), cert. denied, 133 S. Ct. 1604 (2013), the Fifth Circuit ruled that bankruptcy courts are...
Judge(s):
Before SMITH, GARZA, and SOUTHWICK, Circuit Judges.
Tag(s):

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