Bankruptcy Appellate Panel

Mastro, In re--Rigby v. Mastro

Ruling: 
Court held that bankruptcy court had authority to compel a debtor to sign a consent directive in furtherance of debtor's obligation to provide recorded information to trustee. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on June 05,2018, LexisNexis #0718-035

HNRC Dissolution Co., In re--Giese v. Lexington Coal Co.

Ruling: 
Bankruptcy court was not required to abstain from adjudicating appellant's causes of actionwhere panel held that appellant's claims were inextricably intertwined with the bankruptcycase and would not exist but for the bankruptcy. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on June 01,2018, LexisNexis #0718-028

Cook Inlet Energy LLC, In re--Boruff v. Cook Inlet Energy LLC

Ruling: 
Court concluded correct legal standard was applied and the burden of proof was properlyallocated where terms of a rejected prepetition employment contract were not presumptiveon the value of postpetition services therefore creating a burden shift. (B.A.P. 9th Cir.)
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Commercial case opionion summary, case decided on April 24,2018, LexisNexis #0718-009

Novinda Corp., In re--Minerals Techs., Inc. v. Novinda Corp.

Ruling: 
Appellate panel affirmed the bankruptcy court's decision confirming the debtor's plan asthere was no evidence that the treatment of the creditors under the amended plan constitutedunfair discrimination. (B.A.P. 10th Cir.)
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Commercial case opionion summary, case decided on May 16,2018, LexisNexis #0618-082

Stevenson v. TND Homes I, LP

Ruling: 
Bankruptcy court's order was affirmed as none of debtor's arguments challenged thebankruptcy court's conclusion that there was unreasonable delay that was prejudicial tocreditors. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on April 30,2018, LexisNexis #0618-056

Jackson, In re

Ruling: 
Panel dismissed late appeal for lack of jurisdiction. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on May 11,2018, LexisNexis #0618-059

Hamilton, In re--Hamilton v. Elite of L.A., Inc.

Ruling: 
Court ruled that judgment was nondischargeable where the willful injury requirement was properly construed. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on April 17,2018, LexisNexis #0518-099

Bennett, In re--The Paddock, LLC v. Bennett

Ruling: 
Bankruptcy court did not err in concluding that, under Iowa law, debtors' manufactured home was personal property and therefore the antimodification provision did not apply. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 19,2018, LexisNexis #0518-108

Austin, In re--United States v. Austin

Ruling: 
Appellate panel reversed bankruptcy court's order sustaining debtors' objection to the IRS'sproof of claim after debtors failed to present substantial evidence sufficient to overcome thepresumption of the validity and amount of the IRS's proof of claim. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 09,2018, LexisNexis #0518-073

Odell, In re

Ruling: 
Debtor's appeal to reverse motion for relief from stay was dismissed as the automatic stay hasalready terminated by operation of law. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on January 30,2018, LexisNexis #0318-033

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