Judge Beam

Starion Fin. v. McCormick (In re McCormick)

Ruling: 
Circuit court lacked jurisdiction over appeal of bankruptcy appellate panel's remand of attorneys' fees dispute to the bankruptcy court.
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Consumer case opionion summary, case decided on February 01,2016, LexisNexis #0216-138

Contemporary Indus. Corp. v. Frost

Appellants, a corporation and a committee of its unsecured creditors, appealed from a grant of summary judgment in favor of the former shareholders of the corporation. The bankruptcy court concluded, and the U.S. District Court for the District of Nebraska agreed, that the payments were exempt from avoidance as settlement payments within the meaning of a former version of 11 U.S.C.S. § 546(e). The case also implicated 11 U.S.C.S. § 741.
Ruling: 
Payments to debtor's shareholders in exchange for stock properly held exempt from avoidance as settlement payments.
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Commercial case opionion summary, case decided on April 29,2009, LexisNexis #0609-105

Briggs v. Labarge (In re Phillips)

Appellee trustee moved for sanctions against appellant attorney, alleging that the attorney violated Fed. R. Bankr. P. 9011 by filing a bankruptcy petition for the debtor without meeting with the debtor or obtaining the debtor's signature. The bankruptcy court agreed and imposed sanctions. The bankruptcy appellate panel affirmed the bankruptcy court's order. The attorney appealed.
Ruling: 
Attorney violated Bankruptcy Rules by filing bankruptcy petition for the debtor without meeting with the debtor to confirm that the debtor authorized second filing.
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