per curiam

Nyamekye v. Wells Fargo Bank (In re Nyamekye)

Creditors filed an involuntary petition under chapter 7 of the Bankruptcy Code against appellant debtor in May 2010, and appellee bank filed a motion seeking relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (d)(2)(A) and (B). The United States Bankruptcy Court for the Central District of California granted the bank's motion, and the debtor appealed.
Ruling: 
Bankruptcy court properly granted relief from stay to proceed with eviction on foreclosed property.
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Consumer case opionion summary, case decided on February 15,2011, LexisNexis #0411-075

Motta v. Andre (In re Motta)

Appellant Chapter 7 trustee filed an adversary proceeding against appellee creditors, seeking a determination that a mortgage the creditors held on real property that was owned by two Chapter 7 debtors was avoidable under 11 U.S.C.S. § 544(a)(3). The United States Bankruptcy Court for the District of Massachusetts denied the trustee's motion for summary judgment and entered summary judgment, sua sponte, for the creditors. The trustee appealed.
Ruling: 
Mortgage that secured note that was later reamortized could not be avoided by trustee.
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Consumer case opionion summary, case decided on August 10,2010, LexisNexis #1010-119

Community Bank v. Riffle

The U.S. District Court for the Western District of New York affirmed a bankruptcy court's denial of appellant creditor's motion to confirm an automatic dismissal of appellee debtor's Chapter 13 bankruptcy case pursuant to 11 U.S.C.S. § 521(i)(1). The creditor argued that contrary to 11 U.S.C.S. § 521(a)(1)(B)(iv), the debtor failed to file copies of all payment advices he received from his employer within 60 days before the bankruptcy was filed.
Ruling: 
Debtor's most recent payment advice that summarized year-to-date earnings properly held to satisfy filing requirement.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on August 09,2010, LexisNexis #1010-112

Baker v. Simpson

Appellant client sought review of a judgment of the District Court for the Eastern District of New York affirming a decision of the Bankruptcy Court for the Eastern District of New York dismissing legal malpractice claims that were based on services that appellees, appointed counsel, provided to appellant in connection with appellant's bankruptcy proceedings.
Ruling: 
District court properly affirmed bankruptcy court's decision not to abstain from hearing legal malpractice claims arising in bankruptcy case.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on July 30,2010, LexisNexis #1010-105

Maali v. United States (In re Maali)

Debtor challenged a ruling of the Bankruptcy Court for the District of Massachusetts granting summary judgment to appellee United States (IRS) on appellant's claim that she was entitled to discharge certain federal tax obligations. Issues included whether the taxes at issue came within the scope of 11 U.S.C.S. § 507(a)(8) and whether they were properly discharged for "hardship" per 11 U.S.C.S. § 523(a)(1)(A) and 11 U.S.C.S. § 105.
Ruling: 
Taxes assessed within 240 days of petition date properly held nondischargeable.
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Consumer case opionion summary, case decided on July 16,2010, LexisNexis #1010-015

Polaroid Corp. v. United States Trustee

The bankruptcy court approved the sale of appellee debtor's assets, free and clear of any liens, including appellant's liens of $ 300 million. Appellants motion to stay the sale pending appeal was denied, and the United States District Court for the District of Minnesota denied appellant's renewed motion. The sale closed, and the assets were transferred. Appellant filed an appeal, attacking the sale.
Ruling: 
Challenge to sale of assets dismissed as moot.
Court: 8th Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on July 09,2010, LexisNexis #0910-140

Official Committee of Unsecured Creditors v. Anderson Senior Living Prop. LLC (In re Nashville Senior Living LLC)

Appellant, an official committee of unsecured creditors (committee) sought review of an order from the United States Bankruptcy Court for the Middle District of Tennessee, which sustained the written objection of appellees, the debtors and a creditor, and denied the committee's application to retain a law firm as its counsel, and also denied the committee's motion for reconsideration.
Ruling: 
Denial of application to appoint counsel to committee was not a final appealable order.
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Commercial case opionion summary, case decided on April 01,2010, LexisNexis #0610-064

Reifler v. Brown (In re Simply Media Inc.)

A bankruptcy court required appellant trustee, the wife of appellant debtor, to turn over one of two disputed parcels by executing a quitclaim deed and held that debtor and his wife were obligated to pay $ 56,585 to a bankruptcy trustee. The debtor and his wife appealed. The U.S. District Court for the District of New Hampshire affirmed the rulings. The debtor and his wife appealed from the district court's affirmance.
Ruling: 
Appeal of turnover order dismissed due to debtor's failure to present any factual or legal issues for review.
Court: 1st Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on October 08,2009, LexisNexis #1109-051

Orange County Water Dist. v. Unocal Corp.

Petitioner water district petitioned for a writ of mandamus, challenging an order of the United States District Court for the Southern District of New York, which denied its motion to remand its action alleging groundwater contamination to state court. The question presented was whether the district court could retain jurisdiction when a case was improperly removed to federal court.
Ruling: 
Mandamus challenging allegedly improper bankruptcy court removal of state case that did not impact court's subject matter jurisdiction denied.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on October 01,2009, LexisNexis #1009-139

Backlund v. Stanley-Snow

Debtor appealed from a decision of the Bankruptcy Court for the District of Massachusetts that granted summary judgment in favor of creditors on their claim that a state court judgment in their favor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
State court judgment for false representation was nondischargeable.
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Consumer case opionion summary, case decided on May 06,2009, LexisNexis #0609-119

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