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Gugliuzza, In re--Gugliuzza v. FTC

Mar
24
2017
Ruling
Court did not have jurisdiction to review district court's order where judgment did not end the litigation on the merits. (9th Cir.)
Issue(s)
Final Decisions of District Courts.

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Court :
( Judge Ikuta ) [ Circuit Court ]
Consumer opinion summary, case decided on March 24, 2017 , LexisNexis #0417-116
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DeNoce v. Neff (In re Neff)

Jun
09
2016
Ruling
One year period governing denial of discharge for improper transfer of property was not subject to equitable tolling and did not bar debtor’s discharge.
Issue(s)
Was one year deadline for filing proceeding for exception from discharge due to improper transfer of property subject to equitable tolling?

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Consumer opinion summary, case decided on June 09, 2016 , LexisNexis #0716-021
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Official Comm. Of Unsecured Creditors v. Hancock Park Capital II LP (In re Fitness Holdings Intl)

Apr
30
2013
Ruling
Finding that transfer was constructively fraudulent reversed due to failure to consider whether notes created equity interests rather than debt.
Procedural posture

Chapter 7 trustee challenged a decision of the U.S. District Court for the Central District of California, which affirmed the bankruptcy court's dismissal of a complaint alleging that the debtor's pre-bankruptcy transfer of funds to its sole shareholder, in repayment of a purported loan, was a constructively fraudulent transfer under 11 U.S.C.S. § 548(a)(1)(B).

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 30, 2013 , LexisNexis #0513-088
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Klestadt & Winters LLP v. Cangelosi

Mar
06
2012
Ruling
Award of sanctions against debtors was not a final appealable order.
Procedural posture

In debtors' bankruptcy cases, the lenders (now creditors in the bankruptcy proceeding) and the bankruptcy trustee, were awarded sanctions against owners and officers of a loan servicing company funded in part by the lenders, appealed the United States District Court for the District of Nevada's order imposing sanctions on them pursuant to Fed. R. Bankr. R. 9011 and the district court's inherent powers.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on March 06, 2012 , LexisNexis #0312-135
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Father M. v. Various Tort Claimants (In re Roman Catholic Archbishop)

Nov
07
2011
Ruling
Allegations of sexual abuse of children were scandalous and erroneously ordered publicly disclosed as to retired priest.
Procedural posture

The U.S. District Court for the District of Oregon affirmed a bankruptcy court's holding that discovery documents contained allegations that two priests had sexually abused children could be disclosed to the public, because the public's interest in disclosure outweighed the priests' privacy interests under Fed. R. Civ. P. 26(c) and the documents did not contain scandalous allegations for purposes of 11 U.S.C.S. § 107(b). The priests appealed.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on November 07, 2011 , LexisNexis #1111-139
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Father M. v. Various Tort Claimants (In re Roman Catholic Archbishop of Portland in Or.)

Sep
21
2011
Ruling
Bankruptcy court erred in allowing public disclosure of document without redacting name of non-debtor, inactive priest accused of abuse.
Procedural posture

The United States District Court for the District of Oregon affirmed a bankruptcy court's holding that documents produced in discovery which contained allegations that two priests who were not parties to the bankruptcy case had sexually abused children could be disclosed to the public under Fed. R. Civ. P. 26(c) and under 11 U.S.C.S. § 107(b). The documents were the priests' personnel files. The priests appealed.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on September 21, 2011 , LexisNexis #1011-067
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Sherman v. Harbin (In re Harbin)

Apr
25
2007
Ruling
Retroactive approval of postpetition financing affirmed.
Procedural posture

Plaintiff creditor sought judicial review of a bankruptcy court's orders that confirmed defendant debtor's plan of reorganization and granted nunc pro tunc approval of defendant lender's refinancing of debtor's residence. The District Court for the Southern District of California vacated the bankruptcy court's confirmation of the plan and affirmed the nunc pro tunc approval of the refinancing. Both sides appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on April 25, 2007 , LexisNexis #0607-126
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