Home » Chapter 5 » SUBCHAPTER III » § 542

Elliott v. Weil (In re Elliott)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 11 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):

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

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 1 month 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 SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished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In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full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):

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

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 11 years 12 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):

Gallagher v. Dockery (In re Gallagher)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 12 years 3 weeks 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Gallagher v. Dockery (In re Gallagher), Case No. CC-13-1368-TaKuPa (9th Cir. B.A.P., March 17, 2014) (unpublished)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):

Shapiro v. Henson

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 12 years 3 months 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):

Barney v. Robinson (In re Harry Ville Talermo)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 6 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):

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

  • Summarized by Laura Bartell , Wayne State University Law School
  • 12 years 10 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):

Weber v. SEFCU (In re Weber)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 12 years 11 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):

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