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Lil' Joe Records, Inc. v. Christopher Won, Jr., et al

Summarizing by Bradley Pearce

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Meyer v. Scholz (In re Scholz)

Citation:
Meyer v. Scholz (In re Scholz), Case No. 11-60023 (9th Cir. November 15, 2012)
Ruling:
An "anti-anticipation" clause does not preclude inclusion of annuity income in a Chapter 13 debtor's projected disposable income.
Judge(s):
Consuelo M. Callahan and Paul J. Watford, Circuit Judges, and James K. Singelton, Senior District Judge.
Tag(s):

Hawks Holdings, LLC v. Kalinowski (In re Kalinowski)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 13 years 6 months ago
Citation:
In re Kalinowski, 2012 WL 5505078 (B.A.P. 10th Cir. Nov. 14, 2012)
Ruling:
Since Debtor was the de facto manager of an LLC, he stood in a fiduciary relationship to the creditor of that LLC under a New Mexico statute that created a technical trust and Debtor’s...
Judge(s):
Thurman, Brown, and Somers
Tag(s):

Meyer v. U.S. Trustee (In re Scholz)

  • Summarized by Jon Powers , White and Williams LLP
  • 13 years 6 months ago
Citation:
Ninth Circuit
Ruling:
In short, In re Scholz stands for the proposition that annuity income received by a former railroad employee under the Railroad Retirement Act ("RRA") "must be included when calculating [a...
Judge(s):
Bankruptcy Judge Lee presided over the bankruptcy proceedings. The Bankruptcy Court opinion is found at 427 B.R. 864. Judges Markell, Zive, and Jury presided over the BAP appeal. The BAP opinion, authored by Judge Markell, is found at 447 B.R. 887. Ninth Circuit Judges Callahan and Watford, along with District Court Judge Singleton (sitting by designation) sat on the Ninth Circuit Panel. Judge Watford authored the Ninth Circuit's published opinion.
Tag(s):

Compton v. Anderson (In re MPF Holdings US LLC)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 13 years 6 months ago
Citation:
Compton v. Anderson (In re MPF Holdings US LLC), No. 11-20478 (5th Cir. Nov. 14, 2012)
Ruling:
Vacating the Bankruptcy Court, the Fifth Circuit held that a reservation of jurisdiction clause of the plan of reorganization was sufficiently specific and unequivocal because the plan stated the...
Judge(s):
Stewart, DeMoss, Graves
Tag(s):

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