Bankruptcy Appellate Panel

Ulrich v. Schian Walker PLC (In re Boates)

Ruling: 
Rehearing by bankruptcy appellate panel of disputed attorneys’ cost issue denied.
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Consumer case opionion summary, case decided on July 08,2016, LexisNexis #0816-029

Nelson v. Fifth Third Bank (In re Brunsman)

Ruling: 
Order granting summary judgment, sua sponte, to a chapter 7 trustee on his claims that a capital company and a bank did not have security interests in aircraft reversed.
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Consumer case opionion summary, case decided on June 01,2016, LexisNexis #0616-131

LaPierre v. Advanced Med. Spa Inc. (In re Advanced Med. Spa Inc.)

Ruling: 
Bankruptcy appellate panel lacked authority to grant or deny application to proceed in forma pauperis.
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Commercial case opionion summary, case decided on May 23,2016, LexisNexis #0616-134

Opportunity Fin. LLC v. Kelley

Ruling: 
Lenders were not "persons aggrieved" with standing to appeal the consolidation of the cases of the trustee of the Thomas Petters Ponzi scheme and related special purpose entities.
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Commercial case opionion summary, case decided on May 16,2016, LexisNexis #0616-031

Wheaton v. Fessende

Ruling: 
Debtor's attorney entitled to payment of approved fees and expenses following dismissal prior to any disbursement to debtor.
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Consumer case opionion summary, case decided on April 14,2016, LexisNexis #0516-065

In re Four Wells Ltd.

Ruling: 
Dismissal reversed given lack of evidence of bad faith or other factors relied on by the bankruptcy court.
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Commercial case opionion summary, case decided on April 12,2016, LexisNexis #0516-095

Emmert v. Taggart (In re Taggart)

Ruling: 
Contempt order and sanctions against creditor for willfully violating the discharge injunction reversed.
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Consumer case opionion summary, case decided on April 12,2016, LexisNexis #0516-089

Arnot v. Endresen (In re Endresen)

Ruling: 
Bankruptcy court misapplied the equity exception under § 552(b)(1) by not awarding settlement funds to non-appearing lender.
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Consumer case opionion summary, case decided on April 08,2016, LexisNexis #0516-027

Wells Fargo Bank N.A. v. Beltway One Dev. Grp. LLC (In re Beltway One Dev. Grp. LLC)

Ruling: 
Bankruptcy court erred in denying interest on creditor's claim that accrued postpetition, at the default rate the debtor LLC agreed to pay.
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Commercial case opionion summary, case decided on March 31,2016, LexisNexis #0416-134

Gaft v. Sheidler (In re Sheidler)

Ruling: 
Tortious conduct of builder who was not debtor's agent could not be attributed to debtor developers in order to establish nondischargeability of resulting debt.
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Commercial case opionion summary, case decided on March 28,2016, LexisNexis #0416-078

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