Bankruptcy Appellate Panel

Paulson v. McDermott (In re Paulson)

Ruling: 
Bankruptcy court did not clearly err in denying debtor's motion to reinstate dismissed chapter13 case and denying motion to reconsider. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on November 17,2016, LexisNexis #1216-082

Mission Prod. Holdings v. Tempnology LLC (In re Tempnology LLC)

Ruling: 
Bankruptcy court did not err in finding that § 365(n) election did not protect licensee’s rights.(B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on November 18,2016, LexisNexis #1216-070

In re Adams

Ruling: 
Plan modification denied absent evidence of an unanticipated change in financialcircumstances. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on July 26,2016, LexisNexis #1216-055

In re Blasingame

Ruling: 
Bankruptcy court erred in imposing sanctions against attorney who was not debtors’ primarybankruptcy attorney. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on November 07,2016, LexisNexis #1216-029

Church Joint Venture, LP v. Blasingame (In re Blasingame)

Ruling: 
Debtors’ false oaths properly held to be grounds for denial of discharge. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on November 07,2016, LexisNexis #1216-020

Pacifica L 51 LLC v. New Invs. Inc. (In re New Invs., Inc.)

Ruling: 
Debtor’s plan was required to reflect higher default rate of interest on loan. (9th Cir.)
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Commercial case opionion summary, case decided on November 04,2016, LexisNexis #1216-022

Keach v. New Brunswick Southern Ry. Co. (In re Montreal, Me. & Atl. Ry., Ltd.)

Ruling: 
Claims of railroads against debtor railroad for provision of interline service properly held tobe entitled to priority status. (B.A.P. 6th Cir.)
ABI Membership is required to access the full summary of Keach v. New Brunswick Southern Ry. Co. (In re Montreal, Me. & Atl. Ry., Ltd.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 21,2016, LexisNexis #1116-129

Mission Prod. Holdings v. Old Cold, LLC (In re Old Cold, LLC)

Ruling: 
Order approving sale of debtor’s assets affirmed. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on October 25,2016, LexisNexis #1116-081

In re Ramey

Ruling: 
Debtor’s alleged incapacity or disability did not meet standards for waiver of creditcounseling requirement. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on September 30,2016, LexisNexis #1016-107

Perez v. Deutsche Bank Nat'l Trust Co. (In re Perez)

Ruling: 
Bankruptcy court properly held that creditor did not violate the automatic stay by announcing second postponement of foreclosure sale. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on September 28,2016, LexisNexis #1016-108

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