In re 2920 ER, L.L.C., No. 14-20734 (5th Cir. April 2, 2015)
Ruling:
The 5th Circuit denied petition for mandamus relief, but vacated the district court's order (S.D. Tx.) prohibiting judgment debtor from transferring funds, and compelling postjudgment discovery,...
Dalzell, et al. v. RP Steamboat Springs, LLC, et al., No. 13-1440 (10th Cir. Mar. 24, 2015)
Ruling:
The 10th Circuit, voting 2-1 (J. Lucero dissenting), affirmed the judgment of the U.S. District Court (D. Colo.) finding that developer of master-planned subdivision was not liable under the...
Bowman v. Casamatta (In re Bowman), No. 14-6034 (BAP 8th Cir. Mar. 18, 2015)
Ruling:
BAP affirmed bankruptcy court's denial of motion to reopen chapter 11 case. Original case had been dismissed for cause nearly a decade prior before any plan was confirmed. BAP ruled that 11 USC...
Gerard v. Gerard, No. 14-1496 (7th Cir. Mar. 12, 2015)
Ruling:
The 7th Circuit reversed the U.S. District Court (E.D. Wis.), which had affirmed the bankruptcy court's entry of judgment of nondischargeability under 11 USC 523(a)(6)(willful and malicious injury)...
BancInsure, Inc. v. Highland Bank, No. 13-3324 (8th Cir. March 3, 2015)
Ruling:
The 8th Circuit affirmed the ruling of the U.S. District Court (D. Minn.) granting summary judgment in favor of an insurer for denying coverage to a claimant. The 8th Circuit agreed that under...
Kitron, et al. v. Valley Health System (In re Valley Health System), BAP No. CC-11-1100-DPaTa (BAP 9th Cir. Feb. 24, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court dismissing under Rule 12 suit commenced by creditors against chapter 9 debtor and other parties. BAP agreed that appellants'...
McCracken, et al. v. Arnot (In re Pacific Cargo Services, LLC), BAP No. )R-14-10136-KiKuJu (BAP 9th Cir. Feb. 19, 2015)
Ruling:
The 9th Circuit BAP affirmed judgment of the bankruptcy court (D. Or.) avoiding transfer as a preference. The judgment avoided debtor's prepetition transfer of legal malpractice claims to...
Hill v. Jankowski (In re Dey), BAP No. CO-14-026 (BAP 10th Cir. Feb. 17, 2015)
Ruling:
The 10th Circuit BAP (Judges Thurman and Jacobvitz, with Judge Cornish dissenting) reversed the bankruptcy court, concluding that perjury is insufficient grounds to vacate a defense verdict on a...
Davis v. U.S. Bank, N.A. (In re Davis), No. 12-60069 (9th Cir. Feb. 17, 2015)
Ruling:
The 9th Circuit affirmed the ruling of the BAP, which had affirmed the ruling of the bankruptcy court, dismissing debtor's chapter 12 bankruptcy because debtor's debts exceeded the statutory limit....
Blixseth v. Glasser (In re Yellowstone Mountain Club, LLC), No. 13-35113 (9th Cir. Feb. 11, 2015)
Ruling:
In an unpublished decision, the 9th Circuit affirmed the U.S. District Court for the District of Montana, who had affirmed the U.S. Bankruptcy Court for the District of Montana, and ruled that the...
