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Summaries by Michael Cooley
- Citation:
- No. 13-3636 (8th Cir. Mar. 3, 2015).
- Ruling:
- The Court of Appeals lacks jurisdiction over appeals from non-final orders of the Bankruptcy Appellate Panel. In particular, an order denying confirmation of a chapter 11 plan of reorganization is...
- Judge(s):
- Murphy, Smith, and Gruender.
- Tag(s):
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- 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):
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- Citation:
- No. 13-3682 (8th Cir. Feb. 13, 2015).
- Ruling:
- Funds taken from an individual retirement account for the purpose of purchasing an annuity retain their exempt status under 11 U.S.C. § 522(b)(3)(C) as “retirement funds…in a fund or account...
- Judge(s):
- Murphy, Smith, and Gruender.
- Tag(s):
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- Citation:
- No. 14-1399 (6th Cir. Jan. 27, 2015).
- Ruling:
- An unwritten agreement for the payment of legal fees incurred by the counsel for a bank receiver is not an “agreement which tends to diminish or defeat the interest of the [FDIC] in any asset...
- Judge(s):
- Daughtrey, Clay, and Cook.
- Tag(s):
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- Citation:
- No. 13-2831 (8th Cir. Jan. 13, 2015).
- Ruling:
- Standard form complaints and discovery requests served on debtors by a consumer debt collector did not, on their face, violate the Fair Debt Collections Practices Act, and therefore were...
- Judge(s):
- Wollman, Loken, and Murphy.
- Tag(s):
-
- Citation:
- No. 14-2423 (8th Cir. Jan. 9, 2015).
- Ruling:
- Dismissal of a bankruptcy case does not divest the bankruptcy court Rather, a bankruptcy court retains ancillary jurisdiction to “tie up loose ends,” such as to rule on an application for...
- Judge(s):
- Posner, Williams, and Tinder.
- Tag(s):
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- Citation:
- No. KS-13-077 (10th Cir. B.A.P. Nov. 25, 2014)
- Ruling:
- In accordance with Tenth Circuit precedent, a chapter 11 debtor’s untimely application to employ counsel pursuant to § 327 may only be granted retroactively to the petition date upon a showing...
- Judge(s):
- Michael, Romero, and Jacobvitz.
- Tag(s):
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- Citation:
- No. 13-20622 (5th Cir. Sep. 3, 2014)
- Ruling:
- Vacating and remanding three district court orders and two bankruptcy court orders, the Fifth Circuit held that both courts lacked subject matter jurisdiction to enter various orders affecting both...
- Judge(s):
- Higginbotham, Davis, and Haynes.
- Tag(s):
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- Citation:
- No. 13-2686 (8th Cir. Aug. 20, 2014)
- Ruling:
- The Eighth Circuit affirmed the Bankruptcy Appellate Panel’s ruling that a chapter 7 debtor lacked standing to appeal an order approving the trustee’s compromise of a lawsuit belonging to the...
- Judge(s):
- Bye, Colloton, and Kelly.
- Tag(s):
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- Citation:
- No. 14-13-4099 (10th Cir. Aug. 12, 2014)
- Ruling:
- The Tenth Circuit affirmed the debtor-appellant’s conviction for attempting to conceal an asset from the trustee in violation of 18 U.S.C. § 152(1) and perpetrating a hoax regarding the...
- Judge(s):
- Lucero, Hartz, and Holmes.
- Tag(s):
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