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Boyher v. Radloff (In re Boyher)

Citation:
No. 11-6077 (B.A.P. 8th Cir. March 9, 2012), 2012 Bankr. LEXIS 951
Ruling:
The standard for review of a bankruptcy court's interpretation of its own order is "abuse of discretion," which is "nearly indistinguishable from the clearly erroneous standard." A bankruptcy...
Judge(s):
Federman, Nail, and Venters (writing), Bankruptcy Judges
Tag(s):

LRI III, Ltd. v. Halla (In re LRI III, Ltd.)

Citation:
No. 11-10445 (5th Cir. March 9, 2012) (unpublished opinion and not precedent except as provided by 5TH CIR. R. 47.5.4)
Ruling:
The Fifth Circuit Court of Appeals agreed with the bankruptcy court and held that a Chapter 11 plan was ambiguous because (1) it did not explicitly state the manner in which a subordinated creditor...
Judge(s):
Reavley, Elrod and Haynes
Tag(s):

Wigod v. Wells Fargo Bank, N.A.

Citation:
Case no. 11-1423, 7th Circuit Court of Appeals (decided March 7, 2012)
Ruling:
Overturning the district court, the 7th Circuit panel held that a plaintiff successfully pled various state law contract and tort claims against a mortgage servicer that she alleged improperly...
Judge(s):
Kenneth Ripple (Circuit Judge); David Hamilton (Circuit Judge); Sue E. Myerscough (District Court Judge - CD Illinois - sitting by designation). Opinion by Hamilton; concurrence by Ripple.
Tag(s):

Morris v. Quigley (In re Quigley)

Citation:
Morris v. Quigley (In re Quigley), Case No. 5:08-cv-00126-FPS, 2012 U.S. App. LEXIS 4732 (4th Cir. March 7, 2012).
Ruling:
Guided by the decision of the United States Supreme Court in Hamilton v. Lanning, 130 S. Ct. 2464 (2010), the 4th Circuit reversed the decision of the district court and held that the Debtor should...
Judge(s):
Before Chief Judge William B. Traxler, Judge Diana Gribbon Motz, and Dennis W. Shedd. Chief Judge Traxler wrote the opinion, in which Judge Motz and Judge Shedd joined.
Tag(s):

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