Home » Chapter 3 » SUBCHAPTER II » § 323

Freif & Co. v. Shapiro, et al. (In re Western Funding Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 8 years 7 months ago
Citation:
-- F.3d -- (9th BAP 2016)
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the Chapter 11 Liquidating Trustee's ("Trustee") proposed settlement related to pre-petition transfers. The...
Judge(s):
Honorable DUNN, FARIS and BARASH.
Tag(s):

Lavenhar v. First American Title Insurance Co. (In re Lavenhar)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 3 weeks ago
Citation:
Lavenhar v. First American Title Insurance Co. (In re Lavenhar), Case No. 14-1391 (10th Cir. July 29, 2014). Published.
Ruling:
A chapter 7 trustee has the sole power to bring a fraudulent conveyance action but a creditor is a party in interest entitled to object to another creditor’s claim.
Judge(s):
Briscoe, Murphy, Gorsuch (Murphy)
Tag(s):

Ashurst Land and Cattle, LLC v. Rancho Mountain Properties

Citation:
Ashurst Land and Cattle, LLC v. Rancho Mountain Properties, No. 13-56204 (9th Cir. July 14, 2015) (NOT FOR PUBLICATION)
Ruling:
AFFIRMING the district court's order granting defendant's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) de novo, the Ninth Circuit Court of Appeals held that (a) the district court...
Judge(s):
W. FLETCHER, PAEZ, and BERZON, Circuit Judges.
Tag(s):

PW Enterprises, Inc. v. State of North Dakota

Citation:
No. 14-1077 (8th Cir. Feb. 20, 2015).
Ruling:
North Dakota law, which did not explicitly authorize the state to collect taxes for “account wagering,” did not impliedly authorize the collection of such taxes either. Accordingly, taxes...
Judge(s):
Riley, Wollman, and Bye.
Tag(s):

Meehan v. Ocwen Loan Servicing, LLC (In re Meehan)

Citation:
AP No. CC-13-1571-DTaSp (B.A.P. 9th Cir., September 29, 2014) (NOT FOR PUBLICATION)
Ruling:
The B.A.P. AFFIRMED the bankruptcy court’s dismissal of the Plaintiff’s adversary proceeding against the Defendants. Only a trustee, can pursue claims on behalf of a bankruptcy estate. For a...
Judge(s):
Dunn, Taylor, and Spraker, U.S. Bankruptcy Appellate Panel Judges
Tag(s):

Grant, Konvalinka & Harrison, PC v. Banks (In re McKenzie)

  • Summarized by Laura Bartell , Wayne State University Law School
  • 11 years 7 months ago
Citation:
Nos. 12-5874/5875/5876
Ruling:
Affirmed order of district court dismissing two adversary complaints filed by debtor's law firm against bankruptcy trustee and lawyers representing trustee alleging malicious prosecution and abuse...
Judge(s):
Martin, Guy & McKeague
Tag(s):

Levesque v. Shapiro (In re Levesque)

Citation:
BAP No. NV-11-1742-DKiPa (B.A.P. 9th Cir. June 25, 2012)
Ruling:
AFFIRMING the Bankruptcy Court, the Ninth Circuit Bankruptcy Appellate Panel held that the chapter 7 trustee had standing to appear with respect to Debtors' motion to reopen their chapter 7 case...
Judge(s):
DUNN, KIRSCHER, and PAPPAS
Tag(s):

In re: Vistacare Group, LLC, et al.

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 12 years 8 months ago
Citation:
In re Vistacare Group, LLC, et. al., No. 11-2695 (May 4, 2012 3d Cir.) (Precedential)
Ruling:
The Third Circuit Court of Appeals held that the Barton doctrine, which requires a party seeking to sue a court-appointed receiver, to first obtain leave of the appointing court, applies to...
Judge(s):
McKee, Fisher, Greenaway
Tag(s):

Cook v. Wells Fargo Bank, N.A., Scott Garrett and Pamela Garrett (In re Cook)

Citation:
Cook v. Wells Fargo Bank, N.A., Case No. 04-17704 (B.A.P. 10th Cir. April 19, 2012) (unpublished)
Ruling:
The Bankruptcy Appellate Panel AFFIRMED the bankruptcy court's order stating that the debtor, Daniel William Cook, lacks standing to assert sanctions against Wells Fargo N.A. and Mr. and Mrs....
Judge(s):
Nugent, Romero and Somers, Bankruptcy Judges.
Tag(s):

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