Rouse v. Rauch (In re Spence)

• Summarized by Lars Fuller , BakerHostetler
• 9 years 6 months ago

Citation:

No. 16-6004 (BAP 8th Cir. Aug. 4, 2016)

Ruling:

The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (W.D. Mo. - Springfield) holding that a sheriff's posting of execution application and order on boat slip was sufficient...

Judge(s):

Kressel, Saladino, Nail

Tag(s):

• 8th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Preferences
• § 542
• § 547

Elliott v. Weil (In re Elliott)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 10 years 10 months ago

Citation:

Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1321-PaKiTa (April 22, 2015)

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel ("BAP") vacated the bankruptcy court's summary judgment decision to revoke the debtor's discharge. Section 727(e) is a non-waivable statute of repose,...

Judge(s):

PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Bankruptcy Litigation
• Fraud
• Rule 7001
• Rule 9024
• § 542
• § 727

APJL Consulting, LLC v. Treasures, Inc. (in re Treasures, Inc.)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 10 years 12 months ago

Citation:

Nos. SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished

Ruling:

In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full disclosure, APJL could...

Judge(s):

JURY, KIRSCHER, and KURTZ, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Professional Practice Areas
• Automatic Stay
• Business Reorganization
• Bankruptcy Litigation
• Professional Compensation/Fees
• Rule 2014
• § 541
• § 362
• § 542
• § 105
• § 327

C.W. Mining Co. v. Bank of Utah

• Summarized by Brendan Gage , Goulston & Storrs PC
• 11 years 10 months ago

Citation:

No. 12–4174 (10th Cir. Apr. 15, 2014)

Ruling:

Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a...

Judge(s):

Mkovich, Brorby, and Murphy, Circuit Judges.

Tag(s):

• 10th Circuit
• Automatic Stay
• Business Reorganization
• Claims
• Bankruptcy Litigation
• Finance and Banking
• § 362
• § 502
• § 542
• § 549

Rentas v. Gonzalez

• Summarized by Michael Sugar , Commonwealth of Massachusetts
• 11 years 11 months ago

Citation:

BAP NO. PR 13-011

Ruling:

The Bankruptcy Appellate Panel ("B.A.P.") reversed the Bankruptcy Court's grant of summary judgment in favor of the Trustee. The court determined that section 542 could not be used to compel a...

Judge(s):

Deasy, Kornreich, Bailey

Tag(s):

• 1st Circuit
• Personal Bankruptcy Topics
• § 542

Gallagher v. Dockery (In re Gallagher)

• Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
• 11 years 11 months ago

Citation:

Gallagher v. Dockery (In re Gallagher), Case No. CC-13-1368-TaKuPa (9th Cir. B.A.P., March 17, 2014) (unpublished)

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel reversed the order of the bankruptcy court granting the Chapter 13 trustee's request for return of refunded plan payments made to debtors after debtors'...

Judge(s):

Taylor, Pappas, and Kurtz

Tag(s):

• 9th Circuit
• Professional Compensation/Fees
• § 542
• § 105

Shapiro v. Henson

• Summarized by Richard Corbi , Otterbourg P.C.
• 12 years 1 month ago

Citation:

No. 11-16019, 9th Cir. Jan. 9, 2014 (For Publication)

Ruling:

The Ninth Circuit Court of Appeals held that Section 542 of the Bankruptcy Code and pre-Bankruptcy Code practice permit a trustee to seek turnover from an entity that had "possession, custody, or...

Judge(s):

N. Randy Smith, Jacqueline H. Nguyen, Gordon J. Quist

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Bankruptcy Litigation
• Finance and Banking
• Fraudulent Transfers
• Preferences
• none
• § 542

Barney v. Robinson (In re Harry Ville Talermo)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 12 years 5 months ago

Citation:

In re Harry Ville Talermo, 10th Cir. BAP., WY-13-021 (September 23, 2013) [NOT FOR PUBLICATION]

Ruling:

In an unpublished opinion, the bankruptcy appellate panel for the 10th Circuit, reversed and remanded the bankruptcy court's order granting the trustee's motion for summary judgment, which...

Judge(s):

Bankruptcy Judges: Nugent, Karlin and Somers

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Claims
• Bankruptcy Litigation
• Fraudulent Transfers
• Preferences
• Venue/Jurisdiction
• Uniform Commercial Code/Article 9
• Rule 8001
• Rule 8012
• Rule 7056
• 545
• 547
• § 101
• § 542
• § 544

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

• Summarized by Laura Bartell , Wayne State University Law School
• 12 years 9 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):

• 6th Circuit
• Bankruptcy Process and Procedure
• Rule 7008
• Rule 6009
• Rule 7012
• Rule 9023
• Rule 9024
• § 542
• § 323
• § 704
• § 548

Weber v. SEFCU (In re Weber)

• Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
• 12 years 9 months ago

Citation:

Docket No. 12-1632-bk (2nd Cir. May 8, 2013)

Ruling:

AFFIRMED District Court and held that failing to deliver repossessed vehicle to the debtor promptly after receiving notice of pending petition constituted willful violation of the automatic stay...

Judge(s):

Circuit Judges Cabranes, Raggi, and Carney (Decision by Susan L. Carney).

Tag(s):

• 2nd Circuit
• Consumer Bankruptcy
• Automatic Stay
• § 541
• § 362
• § 542

Pages

• 1
• 2
• 3
• 4
• 5
• 6
• 7
• 8
• 9
• …
• next