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Summaries by Gaston Loomis
- Summarized by Gaston Loomis , McElroy, Deutsch, Mulvaney & Carpenter LLP
- 7 years 4 months ago
- Citation:
- In re ABC Learning Ctrs. Ltd., No. 12-2808 (3rd Cir. 2013)
- Ruling:
- The Third Circuit affirmed the Bankruptcy Court's recognition of ABC's Australian insolvency proceeding as a foreign main proceeding under Chapter 15 of the Bankruptcy Code and order that the...
- Judge(s):
- Scirica, Jordan and Roth, Circuit Judges
- Tag(s):
-
- Summarized by Gaston Loomis , McElroy, Deutsch, Mulvaney & Carpenter LLP
- 7 years 7 months ago
- Citation:
- National City Mortgage v. Gordon (In re Bennett), No. 12-13239 (11th Cir. May 29, 2013)
- Ruling:
- On appeal, the Eleventh Circuit looked to Georgia law and found that a rider could not cure the defects involving attestation. The Eleventh Circuit also held that Georgia law dictated that a rider...
- Judge(s):
- Circuit Judges Carnes, Wilson and Anderson
- Tag(s):
-
- Summarized by Gaston Loomis , McElroy, Deutsch, Mulvaney & Carpenter LLP
- 7 years 11 months ago
- Citation:
- U.S. v. Turner, No. 12-14354 (11th Cir. Feb. 12, 2013)
- Ruling:
- Under the sentencing guidelines, a higher loss led to a higher sentence. The Debtor argued that the loss here was $28,500 because he actually used some of the $40,000 to satisfy the mortgagee. ...
- Judge(s):
- Circuit Judges Tjoflat, Wilson and Pryor
- Tag(s):
-
- Summarized by Gaston Loomis , McElroy, Deutsch, Mulvaney & Carpenter LLP
- 8 years 3 months ago
- Citation:
- U.S. v. Colasuonno, Case No. 11-1188 (2nd Cir. Oct. 12, 2012)
- Ruling:
- Section 362(b)(1) of the Code excepts from the stay "the commencement or a continuation of a criminal action or proceeding against the debtor." In a matter of first impression for this court, the...
- Judge(s):
- Kearse, Walker, and Raggi, Circuit Judges
- Tag(s):
-
- Summarized by Gaston Loomis , McElroy, Deutsch, Mulvaney & Carpenter LLP
- 8 years 5 months ago
- Citation:
- In re Messina, No. 11-1426 (3rd Cir. Aug. 6, 2012)
- Ruling:
- The Third Circuit found that Schwab v. Reilly, 130 S. Ct. 2652 (2010) modified Taylor v. Freeland & Kronz, 503 U.S. 638 (1992) so that Bankruptcy Rule 4003's 30-day time limit now only applies to...
- Judge(s):
- Fisher, Hardiman and Greenaway, Circuit Judges
- Tag(s):
-
