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Summaries by Brendan Gage
- Summarized by Brendan Gage , Goulston & Storrs PC
- 12 years 8 months ago
- Citation:
- No. 12-6065 (B.A.P. 8th Cir. July 2, 2013)
- Ruling:
- A debtor lacks standing to set aside an order approving a trustee’s settlement of litigation when the debtor does not have a pecuniary interest in the litigation. To establish standing by way of...
- Judge(s):
- Kressel, Saladino and Shodeen, Bankruptcy Judges.
- Tag(s):
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- Summarized by Brendan Gage , Goulston & Storrs PC
- 12 years 8 months ago
- Citation:
- No. 12-6070 (B.A.P. 8th Cir. June 10, 2013)
- Ruling:
- 8th Circuit BAP AFFIRMED the ruling of the Bankruptcy Court affirming Debtor's Second Amended Plan (and rejecting the Debtor's First Amended Plan).
- Judge(s):
- Kressel, Saladino and Shodeen, Bankruptcy Judges.
- Tag(s):
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- Summarized by Brendan Gage , Goulston & Storrs PC
- 12 years 9 months ago
- Citation:
- No. 12-6027 (10th Cir. May 14, 2013)
- Ruling:
- Affirming the judgment of the bankruptcy court (“BC”), the Tenth Circuit held that a trustee was disqualified from exercising the powers of a hypothetical bona fide purchaser (“BFP”) under...
- Judge(s):
- Lucero, Anderson, and Baldock, Circuit Judges.
- Tag(s):
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- Summarized by Brendan Gage , Goulston & Storrs PC
- 12 years 10 months ago
- Citation:
- No. 12-2482 (8th Cir. Apr. 26, 2013)
- Ruling:
- To have standing to assert a breach of contract action where the debtor seeks monies that allegedly constitute earnings for postpetition services that are exempt from property of the estate under ...
- Judge(s):
- Wollman, Bye, and Benton, Circuit Judges.
- Tag(s):
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- Summarized by Brendan Gage , Goulston & Storrs PC
- 12 years 10 months ago
- Citation:
- No. 12-2925 (8th Cir. Apr. 25, 2013) (per curiam)
- Ruling:
- Affirming the Bankruptcy Appellate Panel (the “BAP”), the Eighth Circuit Court of Appeals held that the bankruptcy court (the “BC”) did not clearly err in finding that the debtor failed to...
- Judge(s):
- Loken, Melloy, and Benton, Circuit Judges.
- Tag(s):
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- Summarized by Brendan Gage , Goulston & Storrs PC
- 12 years 11 months ago
- Citation:
- No. 12-6047 (B.A.P. 8th Cir. Mar. 25, 2013)
- Ruling:
- Affirming the bankruptcy court (the “BC”), the Bankruptcy Appellate Panel (the “BAP”) for the Eighth Circuit held that a creditor loses its possessory lien in deposit accounts when it...
- Judge(s):
- Federman, Chief Judge, Schermer, and Nail, bankruptcy judges.
- Tag(s):
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- Summarized by Brendan Gage , Goulston & Storrs PC
- 12 years 11 months ago
- Citation:
- No. 10-41118 (B.A.P. 10th Cir. Mar. 13, 2013)
- Ruling:
- Reversing and remanding in part, the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit held that, contrary pretrial order of the bankruptcy court (“BC”), a trustee was not required...
- Judge(s):
- Karlin, Somers, and Mosier (sitting by designation), bankruptcy judges.
- Tag(s):
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- Summarized by Brendan Gage , Goulston & Storrs PC
- 12 years 12 months ago
- Citation:
- Nos. CC-12-1306-DKiPa & CC-12-1307-DKiPa (B.A.P. 9th Cir. Mar. 4, 2013)
- Ruling:
- Affirming the judgment of the Bankruptcy Court for the Central District of California (“the BC”), the Bankruptcy Appellate Panel for the Ninth Circuit (“the BAP”), held that the BC did not...
- Judge(s):
- Dunn, Kirscher and Pappas, Bankruptcy Judges.
- Tag(s):
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- Summarized by Brendan Gage , Goulston & Storrs PC
- 13 years 1 month ago
- Citation:
- No. 12-30707 (5th Cir. Jan. 7, 2013)
- Ruling:
- Affirming the judgment of the District Court for the Western District of Louisiana (“the DC”), the Fifth Circuit held that a bankruptcy court may sua sponte convert a debtor’s Chapter 13...
- Judge(s):
- Higginbotham, Owen, and Southwick, Circuit Judges.
- Tag(s):
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- Summarized by Brendan Gage , Goulston & Storrs PC
- 13 years 2 months ago
- Citation:
- No. CO-11-086 (B.A.P. 10th Cir. Dec. 3, 2012)
- Ruling:
- Affirming the Bankruptcy Court for the District of Colorado, the Bankruptcy Appellate Panel for the Tenth Circuit held that: (1) the bankruptcy court (“BC”) had subject matter jurisdiction...
- Judge(s):
- Cornish, Rasure, and Somers, Bankruptcy Judges.
- Tag(s):
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