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Roberts v. Sender, et al.

Summarizing by Bradley Pearce

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Civic Partners Sioux City, LLC v. Main Street Theaters, Inc. (In re Civic Partners Sioux City, LLC)

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):

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):

Rose Hill Bank v. Lazzo (In re Schupbach Investments, LLC)

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):

TMT Procurement Corp v. Vantage Drilling Co. (In the Matter of TMT Procurement Corp)

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):

Peoples v. Radloff (In re Peoples)

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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