Tenth Circuit affirmed ruling of U.S. District Court (D. Wyo.), which affirmed rulings and reversed rulings of bankruptcy court. Notwithstanding post-confirmation closing of chapter 11 case,...
Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
13 years 10 months ago
Citation:
Cedano v. Aurora Loan Services, LLC, Case No. SV 10-18618, Adv. No. SV 10-01534, BAP No. CC-11-1189 (April 9, 2012)
Ruling:
BAP affirmed the Bankruptcy Court ruling dismissing adversary action pursuant to FRCP 12(b)(6) because the Debtor failed to state claims upon which relief could be granted.
Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
15 years 1 week ago
Citation:
No. 10-10596 (11th Cir. Feb. 24, 2011)
Ruling:
Reverse decisions of the District Court and the Bankruptcy Court for clear error. Debtor's discretionary spending habits and failure to file tax returns supported finding that Debtor had willfully...
Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
15 years 1 week ago
Citation:
No. 10-60019 (9th Cir. Feb. 24, 2011)
Ruling:
Affirm ruling of the 9th Circuit BAP that existing default judgement in a non-bankruptcy proceeding did not have preclusive effect on adjudication of claim in bankruptcy case where (a) defendant...
Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
15 years 1 week ago
Citation:
09-17201 (9th Cir. Feb. 15, 2011)
Ruling:
Rooker-Feldman doctrine has little or no application in a bankruptcy proceeding that invokes substantive rights under the Bankruptcy Code. Bankruptcy Courts have right to reverse, amend or...
Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
15 years 1 month ago
Citation:
No. 10-6021 (8th Cir. BAP Jan. 14, 2011)
Ruling:
Affirm decision of Bankruptcy Court avoiding security interest as a preferential transfer. BAP ruled that where a contract for the "purchase" of receivables provides for full recourse to the...
Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
15 years 2 months ago
Citation:
No. 10-6056 (8th Cir. Dec. 9, 2010)
Ruling:
Debtors' payments under a contract with a debt relief agency were not fraudulent conveyances under Bankruptcy Code section 548 even though (a) contract may have been illegal, void or voidable and...
