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Ly v. Che (In re Ly)

Citation:
BAP No. CC-12-1395-DKiTa
Ruling:
BAP affirmed the Bankruptcy Court holding that a colorable claim exists when party moving for Relief From Stay for cause has previously obtained a state court default judgment declaring the...
Judge(s):
DUNN, KIRSCHER, and TAYLOR, Bankruptcy Judges
Tag(s):

U.S. v. Theall

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan
  • 13 years 1 month ago
Citation:
Case No. 12-30457, 2013 U.S. App. LEXIS 10783 (5th Cir. May 29, 2013) (per curiam)
Ruling:
AFFIRMED in part, VACATED in part, and REMANDED for further proceedings consistent with the opinion. The Fifth Circuit affirmed the convictions Thad and Theresa Theall for making false...
Judge(s):
DeMoss, Dennis and Prado
Tag(s):

In re Lively

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 13 years 1 month ago
Citation:
2013 WL 2347045
Ruling:
AFFIRMING the Bankruptcy Court, the Fifth Circuit followed the 10th and 4th Circuits in holding that the absolute priority rule applies in individual chapter 11 cases. The absolute priority rule...
Judge(s):
Jones, Dennis & Higginson. Judge Edith Jones wrote the opinion.
Tag(s):

McKenna v. PNC Bank, N.A. (In re McKenna)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 13 years 1 month ago
Citation:
BAP No. WW-12-1443-MkKiJu (9th Cir. BAP) (unpublished) (entered May 28, 2013)
Ruling:
BAP affirmed bankruptcy court order that, notwithstanding series of mergers, creditor had established standing to obtain relief from stay to evict chapter 7 debtors following foreclosure.
Judge(s):
Markell, Kirscher, and Jury
Tag(s):

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