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Summaries by Neal Paul Donnelly

The Prudential Insurance Company of America v. City of Boston (In re SW Boston Hotel Venture, LLC)

Citation:
Prudential Ins. Co. v. City of Boston (In re SW Boston Hotel Venture, LLC), BAP NOS. MB 11-079, MB 11-082, MB 11-085, MB 11-086; Bankr. Case No. 10-14535-JNF (B.A.P. 1st Cir. Oct. 1, 2012)
Ruling:
In a dispute between a developer-debtor and its primary secured lender, the BAP AFFIRMED the bankruptcy court's decision to calculate postpetition interest (506(b)) owing to the lender at the...
Judge(s):
Haines, Deasy, and Tester, United States Bankruptcy Appellate Panel Judges
Tag(s):

Condit v. McKeithan (In re McKeithan)

Citation:
Condit v. McKeithan (In re McKeithan), No. 11-41305 (5th Cir. August 21, 2012)
Ruling:
Fifth Circuit AFFIRMED the bankruptcy court's decision to overrule a creditor's objection to a chapter 7 debtor's homestead exemption claim. The creditor did not present enough evidence to support...
Judge(s):
WIENER, ELROD, and GRAVES,
Tag(s):

Search Market Direct, Inc. v. Jubber (In re Paige)

Citation:
Search Market Direct Inc. v. Jubber (In re Paige), D.C. No. 2:07-CV-00822-DB; BAP No. UT-08-062; D.C. No. 2:09-CV-00988-DB (11th Cir., July 16, 2012)
Ruling:
The Court held: The confirmed Chapter 11 plan was proposed in good faith and was fair and equitable; A proposed competing plan could not have been confirmed because it was not feasible; The...
Judge(s):
BRISCOE, Chief Judge, HOLLOWAY and KELLY, Circuit Judges.
Tag(s):

Market Center East Retail Property, Inc. v. Lurie (In re Market Center East Retail Property, Inc.)

Citation:
BAP No. NM-11-017, Bankr. No. 09-11696, 2012 WL 699792 (B.A.P. 10th Cir. March 6, 2012)
Ruling:
In determining the amount of fees to award a professional under § 330 of the Bankruptcy Code, courts are not limited to the “lodestar” approach (time spent multiplied by hourly rate). Rather...
Judge(s):
MICHAEL, THURMAN, and KARLIN, Bankruptcy Judges
Tag(s):

Bank of America, N.A. v. Allen Capital Partners, L.L.C. (In re DLH Master Land Holding, L.L.C.)

Citation:
No. 11-10781, DC No. 11-CV-757
Ruling:
Affirming bankruptcy court's denial of Bank's motion for permission to file late clam. Holding: Bankruptcy court did not abuse its discretion in finding that Bank failed to show that failure to...
Judge(s):
KING, JOLLY, and GRAVES
Tag(s):

Nagim v. Equifax Information Services, LLC

Citation:
No. 11-1233, 2011 WL 5222889 (10th Cir. Nov. 3, 2011)
Ruling:
The court of appeals affirmed the district court's grant of summary judgment for defendant-credit-reporting-agencies on plaintiff-debtor's Fair Credit Reporting Act (FCRA) claims. Summary judgment...
Judge(s):
O'BRIEN, McKAY, and TYMKOVICH
Tag(s):

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