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§ 158

Bulk Petroleum Corp. v. Kentucky Dept. of Revenue (In re Bulk Petroleum Corp.)

Ruling
Resolution of tax dispute between debtor and state was a final appealable judgment.
Issue(s)
Was bankruptcy court judgment resolving state tax dispute a final appealable judgment?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 31, 2015 , LexisNexis #0815-135

In re Gonzlez

Ruling
Appellate court lacked jurisdiction over appeal of denial of motion for jury trial, which was not a final appealable order.
Issue(s)
Should denial of motion for jury trial and remand to state court be reversed on appeal?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 31, 2015 , LexisNexis #0815-134

Bullard v. Blue Hills Bank

Ruling
Denial of chapter 13 plan confirmation is not a final appealable order.
Issue(s)
Is an order denying confirmation of a chapter 13 plan a final appealable order?

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Consumer opinion summary, case decided on May 04, 2015 , LexisNexis #0715-064

Gorski v. Keystone Mining Co. (Keystone Mine Mgmt. II)

Ruling
Judgment in adversary proceeding from which counterclaim had been severed was a final appealable judgment.
Issue(s)
Whether the Judgment was a final judgment as to the claims for relief adjudicated by the Judgment when the counter-claim was not also adjudicated.

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Commercial opinion summary, case decided on April 21, 2015 , LexisNexis #0515-103

O&S Trucking Inc. v. Mercedes Benz Fin. Servs. USA (In re O&S Trucking Inc.)

Ruling
Debtor lacked standing to appeal confirmation order as it was not an aggrieved party.
Issue(s)
Did the bankruptcy appellate panel have jurisdiction over debtor's appeal of the confirmation of its own third amended plan?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 07, 2015 , LexisNexis #0415-138

Civic Partners Sioux City LLC v. Main Street Theaters Inc. (In re Civic Partners Sioux City LLC)

Ruling
Denial of confirmation of chapter 11 plan and related orders regarding leases were not final appealable judgments.
Issue(s)
Were denial of confirmation of debtor's second plan and related orders regarding leases final appealable orders?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on March 03, 2015 , LexisNexis #0315-138

In re Adkins

Ruling
Direct appeal certified on issue of whether action filed in bankruptcy court where debtor's case was pending violated the automatic stay.
Issue(s)
Should bankruptcy court certify a direct appeal on the issue of whether an action filed in the bankruptcy court where debtor's case was pending violated the automatic stay?

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Consumer opinion summary, case decided on September 08, 2014 , LexisNexis #1014-030

Corn v. Wolfe (In re Rodriguez)

Ruling
Direct appeal of default against creditor in adversary proceeding certified to circuit court to save time and expense.
Issue(s)
Should a direct appeal of default judgment in creditor's adversary proceeding on assigned corporate claim be certified?

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Consumer opinion summary, case decided on July 30, 2014 , LexisNexis #0914-034

Official Comm. of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank N.A. (In re Motors Liquidation Co.)

Ruling
Direct appeal of determination of secured status of lender's claim in light of alleged UCC-1 termination statement certified.
Issue(s)
Should the question of whether a secured lender must authorize the act of filing a UCC-3 termination statement or must authorize the termination of the security interest identified for termination on that UCC-3 statement, raised in the process of determining the secured status of creditor, be certified for a direct appeal?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 17, 2014 , LexisNexis #0714-031

Bullard v. Hyde Park Sav. Bank (In re Bullard)

Ruling
Appeal of bankruptcy appellate panel's affirmance of denial of confirmation dismissed as debtor was free to propose an amended plan.
Issue(s)
Was bankruptcy appellate panel's order rejecting debtor's proposed plan a final appealable order?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 14, 2014 , LexisNexis #0614-033