In re Zenga

Citation:
16-8022/8023 (6th Circuit, Jan 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy Appellate Panel (BAP) reversed bankruptcy court's decision to apply equitable estoppel to deny debtors' motion to dismiss two involuntary petitions that had been filed against them. The...
Judge(s):
Humphrey, Opperman and Preston, BAP judges
Tag(s):

Marblegate Asset Management, LLC v. Education Management Finance Corp.

Citation:
2017 U.S. App. LEXIS 782 (2nd Circuit, Jan 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Section 316(b) of the Trust Indenture Act prohibits only non‐consensual amendments to an indenture’s core payment terms; it does not protect a creditor's practical ability to collect on...
Judge(s):
CABRANES, STRAUB, and LOHIER
Tag(s):

Hermann v. Hartford Casualty Insurance Co.

Citation:
No. 16-1145 (10th Circuit, Jan 12,2017) Not Published
Case Status:
Affirmed
Ruling:
The Tenth Circuit affirmed the district court's dismissal of a debtor's claim against an insurance company for wrongful denial of a worker's compensation, holding that the debtor was judicially...
Judge(s):
Holmes, Baldock, and Bacharach
Tag(s):

Tomkow v. Barton (In re Tomkow)

Citation:
BAP No. CC-16-1075-TaFMc (9th Circuit, Jan 05,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (CD Cal.) ruling granting summary judgment in favor of creditor determining that state court judgment was nondischargeable pursuant to...
Judge(s):
Taylor, Faris, McKittrick
Tag(s):

U.S. Department of Labor v. Harris (In re Harris)

Citation:
16-6024 (8th Circuit, Jan 06,2017) Not Published
Case Status:
Affirmed
Ruling:

Concluding that the facts relevant to the inquiry were undisputed, the BAP affirmed the bankruptcy court's decision declaring the Department of Labor's judgment against the debtor for...

Judge(s):
Federman, Saladino, and Nail.
Tag(s):

Spradlin v. Beads and Steeds Inns, LLC

Citation:
16-5499 (6th Circuit, Jan 03,2017) Not Published
Case Status:
Affirmed
Ruling:

Finding no basis for reverse veil-piercing or substantive consolidation with a non-debtor entity, the Sixth Circuit BAP affirmed the decision of the Bankruptcy Court for the Eastern District of...

Judge(s):
Guy, Boggs and Griffin; Opinion by Griffin
Tag(s):

Netsch v. Sherman (In the Matter of Prism Graphics, Inc.)

Citation:
No. 16-10432 (5th Circuit, Dec 22,2016) Not Published
Case Status:
Affirmed
Ruling:

Held that the district court did not abuse its discretion in affirming the bankruptcy court’s denial of the motion to extend time. 

Judge(s):
HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges for the 5th Circuit
Tag(s):

Ring v. First Niagara Bank, N.A. (In the Matter of Sterling United, Inc.)

Citation:
15-4131 (2nd Circuit, Dec 22,2016) Not Published
Case Status:
Affirmed
Ruling:

the Second Circuit affirmed the rulings of the bankruptcy and district courts, dismissing a case filed by a chapter 7 trustee seeking to avoid as a preference the lien of a...

Judge(s):
Calabresi, Raggi and Lynch
Tag(s):

Lovegrove v. Ocwen Home Loans Servicing, L.L.C.

Citation:
No. 15-2158 (4th Circuit, Dec 20,2016) Not Published
Case Status:
Affirmed
Ruling:

The court employed a "commonsense inquiry" to determine whether the communication constitutes an attempt to collect a debt.  Judge Shedd concluded that "the communications were for...

Judge(s):
Before Judges Shedd, Keenan and Senior Judge Davis
Tag(s):

Tidwell v. JPMorgan Chase Bank, N.A. (In re Prommis Holdings, Inc.)

Citation:
15-4097 (3rd Circuit, Dec 20,2016) Not Published
Case Status:
Affirmed
Ruling:

District Court properly dismissed appellant-pro se litigant's appeal for lack of prosecution based on the six-factor test under Poulis v State Farm, 747 F.2d 863 (3d Cir. 1984). ...

Judge(s):
Ambro, Krause and Nygaard
Tag(s):

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