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
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...
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.
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...
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...
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...
