- 11 U.S.C.
Liebzeit v. Intercity State Bank FSB (In re Blanchard)
Apr
14
2016
Ruling
Mortgage on vendor's interest in land contract was valid under state law and had priority over trustee's avoidance powers.
Issue(s)
Whether a bankruptcy trustee could use his strong arm powers under 11 U.S.C.S. § 544(a)(3) to avoid a bank's mortgage on the debtors' property, which was subject to a land contract, so he could use their vendor's interest in the land contract for the benefit of unsecured creditors.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Scheer v. State Bar (In re Scheer)
Apr
14
2016
Ruling
Arbitration award owed by suspended attorney was not excepted from discharge as it was not a fine or penalty payable to a governmental unit.
Issue(s)
Did the district court err when it held that debtor suspended attorney's debt owed to a former client pursuant to an arbitration award was nondischargeable under 11 U.S.C. § 523(a)(7)?
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Court
:
Judge or Jurisdiction information not available
First Southern Natl Bank v. Sunnyslope Hous. Ltd. Pship (In re Sunnyslope Hous. Ltd. Pship)
Apr
08
2016
Ruling
Plan confirmation reversed due to improper treatment of secured claim.
Issue(s)
Whether the value of lienholder's secured interest in housing project should be reduced by the impact of affordable housing restrictions from the original government financing?
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Court
:
Judge or Jurisdiction information not available
Deutsche Bank Trust Co. Ams. v. Large Private Beneficial Owners (In re Tribune Co. Fraudulent Conveyance Litig.)
Mar
29
2016
Ruling
Transfers were made to financial intermediaries as settlement payments in a securities transaction or is a transfer in connection with a securities contract and were protected from avoidance.
Issue(s)
Whether unsecured creditors are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while avoidance proceedings against the same transfers brought by a party exercising the powers of a bankruptcy trustee on an intentional fraud theory are ongoing and, if not, whether the creditors' state law, constructive fraudulent conveyance claims are preempted by section 546(e).
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Court
:
Judge or Jurisdiction information not available
- FRBP
Gil-De La Madrid v. Bowles Custom Pool & Spa (In re Gil-De La Madrid)
Mar
25
2016
Ruling
Bankruptcy court properly extended time to file unsecured claims in reinstated case where deadline expired during period when case was dismissed.
Issue(s)
Whether the bankruptcy court erred in enlarging time for a creditor to file an unsecured claim?
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Ozenne v. Chase Manhattan Bank (In re Ozenne)
Mar
25
2016
Ruling
Bankruptcy appellate panel's review of petition for writ of mandamus vacated as not in aid of its jurisdiction.
Issue(s)
Whether the bankruptcy appellate panel has jurisdiction to address a petition for a writ of mandamus?
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Court
:
Judge or Jurisdiction information not available
Jepson v. Bank of N.Y. Mellon
Mar
22
2016
Ruling
Relief from stay properly granted where debtor was not a third-party beneficiary under a pooling and service agreement cited as basis for challenge.
Issue(s)
Did debtor's who was not a third-party beneficiary of a pooling and service agreement have standing to bring claims based on noncompliance the agreement?
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Court
:
Judge or Jurisdiction information not available
Estate of Cora v. Jahrling (In re Jahrling)
Mar
18
2016
Ruling
Debt for legal malpractice was nondischargeable due to fiduciary defalcation.
Issue(s)
Was legal malpractice claim based on debtor attorneys' representation of client with whom there was a language barrier, resulting in the client's sale of home for a low price and eviction, properly held to be nondischargeable due to fiduciary defalcation?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Providence Hall Assocs. L.P. v. Wells Fargo Bank N.A.
Mar
11
2016
Ruling
Debtor could not challenge the validity of obligations to bank that were affirmed in trustees motions for sale.
Issue(s)
Did a district court erroneously gave res judicata effect to various sale orders issued during debtor's chapter 11 bankruptcy?
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Court
:
Judge or Jurisdiction information not available
Kingdom Fresh Produce Inc. v. Stokes Law office L.L.P. (In re Delta Produce L.P.)
Mar
11
2016
Ruling
District court order vacating final special counsel's fee award for litigating Perishable Agricultural Commodities Act claims affirmed.
Issue(s)
Can special counsel's fees and expenses be disbursed from the Perishable Agricultural Commodities Act fund?
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Court
:
Judge or Jurisdiction information not available