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Summaries by Brendan Gage

Hardy v. Fink (In re Hardy)

Citation:
No. 14–1181 (8th Cir. June 2, 2015)
Ruling:
Reversing the Bankruptcy Appellate Panel (BAP), the Court of Appeals for the Eighth Circuit held that a tax refund attributable to the federal Additional Child Tax Credit (ACTC) statute is a...
Judge(s):
Loken, Murphy, and Melloy, Circuit judges.
Tag(s):

P.R. Electric Power Authority v. Wiscovitch-Rentas

Citation:
BAP No. PR 13-050 (B.A.P. 1st Cir. Sept. 23, 2014)
Ruling:
The Bankruptcy Appellate Panel vacated the bankruptcy’s court’s order denying Puerto Rico Electric Power Authority’s motion for payment of administrative expenses and remanded to the...
Judge(s):
Hillman, Hoffman, and Finkle, United States Bankruptcy Appellate Panel Judges.
Tag(s):

C.W. Mining Co. v. Bank of Utah

Citation:
No. 12–4174 (10th Cir. Apr. 15, 2014)
Ruling:
Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a...
Judge(s):
Mkovich, Brorby, and Murphy, Circuit Judges.
Tag(s):

Miyasaki v. Lui (In re Lui)

Citation:
No. NC–13–1037–JuKiD (B.A.P. 9th Cir. Mar. 7, 2014)
Ruling:
Affirming the bankruptcy court, the bankruptcy appellate panel held that a creditor’s late-filed nondischargeability complaint did not relate back to its objection to the confirmation of the...
Judge(s):
Jury, Kirscher, and Dunn, Bankruptcy Judges.
Tag(s):

Arvest Bank v. Cook (In re Cook)

Citation:
No. 13-6014 (B.A.P. 8th Cir. Jan. 9, 2014)
Ruling:
Reversing the order of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (“BAP”) held that a deed of trust was not void for lack of consideration and that a...
Judge(s):
Saladino, Nail and Shodeen, Bankruptcy Judges.
Tag(s):

Ute Mesa Lot 1, LLC v. First-Citizens Bank & Trust Company (In re Ute Mesa Lot 1, LLC)

Citation:
No. 12-1134 (10th Cir. Nov. 25, 2013)
Ruling:
The filing of a notice of lis pendens against real property in Colorado is not a preferential “transfer of an interest in property” within the meaning of § 547(b). In affirming the bankruptcy...
Judge(s):
Kelly, Lucero, and Matheson, Circuit Judges.
Tag(s):

In re Petrone

Citation:
Nos. 13–007, 08–12024–DF (B.A.P. 1st Cir. Sept. 11, 2013)
Ruling:
Affirming the United States Bankruptcy Court (“BC”), the Bankruptcy Appellate Panel (“BAP”) for the First Circuit affirmed the BC’s order discharging the debtor and denying the debtor’s...
Judge(s):
Lamoutte, Haines, and Deasy, United States Bankruptcy Appellate Panel Judges.
Tag(s):

Wilmington Trust Company, et al. v. Yvette Weinstein, et al. (In re Community Bancorp)

Citation:
No. 10–20038 (B.A.P. 9th Cir. Aug. 20, 2013) (not for publication)
Ruling:
Affirming the order of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel of the Ninth Circuit held that a settlement between the trustee and the Federal Deposit Insurance Corporation...
Judge(s):
Kirscher, Collins and Dunn, Bankruptcy Judges
Tag(s):

Randall L. Seaver, Trustee v. New Buffalo Auto Sales (In re Hecker)

Citation:
No. 13-6005, --- B.R. --- (B.A.P. 8th Cir. Aug. 8, 2013)
Ruling:
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (the “BAP”) held that (1) a junior lienholder lacked a cognizable injury...
Judge(s):
Federman, Chief Judge, Saladino and Nail, Bankruptcy Judges.
Tag(s):

Hasse v. Rainsdon (In re Pringle)

Citation:
No. 09-41653 (B.A.P. 9th Cir. July 2, 2013)
Ruling:
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) held that a defendant impliedly consented to the BC’s entry of a...
Judge(s):
Markell, Dunn and Jury, bankruptcy judges.
Tag(s):

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