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Summaries by Lars Fuller
- Summarized by Lars Fuller , BakerHostetler
- 11 years 11 months ago
- Citation:
- Cathay Enterprises, Inc. v. Design Trend Int'l Interiors Ltd. (In re Cathay Enterprises, Inc.), No. 12-15650 (9th Cir. Mar. 31, 2014) (unpublished)
- Ruling:
- The Ninth Circuit affirmed the district court's judgment in favor of defendant as to liability, but reversed and remanded for the calculation of prejudgment interest and attorneys' fees. As to...
- Judge(s):
- Wallace, McKeown, and Gould
- Tag(s):
-
- Summarized by Lars Fuller , BakerHostetler
- 11 years 11 months ago
- Citation:
- Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.), No. 12-3899 & No. 12-4011 (8th Cir. March 20, 2014)
- Ruling:
- The Eighth Circuit affirmed the BAP's allowance of new value as a preference offset, but reduced the amount of preference liability based on an incorrect calculation by the BAP.
In an issue of...
- Judge(s):
- Loken, Gruender, and Shepherd
- Tag(s):
-
- Summarized by Lars Fuller , BakerHostetler
- 12 years 5 days ago
- Citation:
- Dudley v. Simmons (In re Dudley), BAP No. AZ-12-1631-KuDPa (BAP 9th Cir. Feb. 26, 2014)
- Ruling:
- The Ninth Circuit BAP affirmed bankruptcy court's (Arizona) dismissal of Chapter 13 case following expiration of sixty month term of confirmed plan and material default. The BAP perceived no abuse...
- Judge(s):
- Kurtz, Dunn, and Pappas
- Tag(s):
-
- Summarized by Lars Fuller , BakerHostetler
- 12 years 1 month ago
- Citation:
- Spitzauer v. Exoterm Holding D.D., et al. (In re Spitzauer), BAP No. 11-1180 (BAP 9th Cir. Jan. 27, 2014) (Not for Publication)
- Ruling:
- The 9th Circuit affirmed the BAP's decision affirming the bankruptcy court's order denying Appellant's second motion to extend time to file a notice of appeal. The 9th Circuit ruled that the...
- Judge(s):
- Canby, Silverman, Paez
- Tag(s):
-
- Summarized by Lars Fuller , BakerHostetler
- 12 years 2 months ago
- Citation:
- Raj Kamal Corp., et al. v. Fukushima (In re Raj Kamal Corp.), BAP No. EC-12-1648 (B.A.P. 9th Cir. Dec. 17, 2013)
- Ruling:
- Ninth Circuit BAP affirmed bankruptcy court's (E.D. California) order denying compensation to attorney for services rendered to Chapter 11 debtor and requiring disgorgement of all funds received. ...
- Judge(s):
- Kirscher, Pappas, Jury
- Tag(s):
-
- Summarized by Lars Fuller , BakerHostetler
- 12 years 2 months ago
- Citation:
- Lorcon LLC #1 & Conway v. Heyl (In re Heyl), Case No. 13-6022 (B.A.P. 8th Cir. December 12, 2013)
- Ruling:
- The BAP affirmed the bankruptcy court's denial of creditors'/plaintiffs' Rule 60(b)/FRBP 9024 motion to vacate judgment following the bankruptcy court's entry of judgment in favor of Chapter 7...
- Judge(s):
- Kressel, Saladino, Nail (Nail authoring)
- Tag(s):
-
- Summarized by Lars Fuller , BakerHostetler
- 12 years 3 months ago
- Citation:
- Fischer v. Great Western Bank (In re Fischer), No. 13-6043 (BAP 8th Cir. November 18, 2013)
- Ruling:
- The Eighth Circuit BAP affirmed the bankruptcy court's denial of debtor's motion for contempt against lender. The BAP found that the bankruptcy court's order simply approving the stipulation did...
- Judge(s):
- Federman, Kressel, Nail
- Tag(s):
-
- Summarized by Lars Fuller , BakerHostetler
- 12 years 4 months ago
- Citation:
- Heritage Pacific Financial, LLC v. Montano (In re Montano), NC-12-1579-PaDJu (9th Cir. BAP Nov. 1, 2013)
- Ruling:
- Ninth Circuit BAP affirmed rulings of Bankruptcy court for the Northern District of California granting summary judgment dismissing lender's 11 USC 523(a)(2) complaint. BAP affirmed that lender's...
- Judge(s):
- Pappas, Dunn, and Jury
- Tag(s):
-
- Summarized by Lars Fuller , BakerHostetler
- 12 years 4 months ago
- Citation:
- Goben v. Corydon State Bank (In re Goben), No. 13-6039 (8th Cir. BAP 2013)
- Ruling:
- The 8th Circuit BAP affirmed the U.S. Bankruptcy Court for the Southern District of Iowa (Des Moines). The bankruptcy court sustained secured creditor's objection to Chapter 7 debtor's claim of...
- Judge(s):
- Kressel, Schermer, & Nail
- Tag(s):
-
- Summarized by Lars Fuller , BakerHostetler
- 12 years 6 months ago
- Citation:
- Weinstein v. Federal National Mortgage Association, et al. (In re Weinstein), BAP No. CO-13-017 (10th Cir. BAP October 15, 2013)
- Ruling:
- The 10th Circuit BAP affirmed the bankruptcy court's (District of Colorado) denial of Chapter 7 debtor's motion for extension of time to file a notice of appeal. The BAP ruled that debtor failed to...
- Judge(s):
- Thurman, Cornish, and Karlin
- Tag(s):
-
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