Starion Fin. v. McCormick (In re McCormick)

Feb

2016

Ruling

Circuit court lacked jurisdiction over appeal of bankruptcy appellate panel's remand of attorneys' fees dispute to the bankruptcy court.

Issue(s)

Whether a circuit court had jurisdiction, under 28 U.S.C.S. § 158(d)(1), over an appeal relating to the payment of attorney's fees in a bankruptcy proceeding when the bankruptcy appellate panel (BAP) ordered the bankruptcy court on remand to determine the timeliness of the fee request.

ABI Membership is required to access the full summary of Starion Fin. v. McCormick (In re McCormick) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on February 01, 2016 , LexisNexis #0216-138

LexisNexis Article

Learn More

11 U.S.C.
- § 741

Contemporary Indus. Corp. v. Frost

Apr

2009

Ruling

Payments to debtor's shareholders in exchange for stock properly held exempt from avoidance as settlement payments.

Procedural posture

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.

ABI Membership is required to access the full summary of Contemporary Indus. Corp. v. Frost Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Judge or Jurisdiction information not available

Commercial opinion summary, case decided on April 29, 2009 , LexisNexis #0609-105

LexisNexis Article

Learn More

FRBP
- Rule 9011

Briggs v. Labarge (In re Phillips)

Jan

2006

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.

Procedural posture

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.

ABI Membership is required to access the full summary of Briggs v. Labarge (In re Phillips) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Judge or Jurisdiction information not available

opinion summary, case decided on January 09, 2006 , LexisNexis #0106-129

LexisNexis Article

Learn More

Subscribe to %1