Circuit Court opinion summaries | ABI Volo Project

10th Circuit: Goddard v. Heldt (In re Heldt)

bgage — Tue, 14 May 2013 17:10:00 +0000

Citation:

No. 12-6027 (10th Cir. May 14, 2013)

Ruling:

Affirming the judgment of the bankruptcy court (“BC”), the Tenth Circuit held that a trustee was disqualified from exercising the powers of a hypothetical bona fide purchaser (“BFP”) under § 544(a)(3) to avoid a resulting trust in favor of the ...

Judge(s):

Lucero, Anderson, and Baldock, Circuit Judges.

10th Circuit: Bank of Cordell v. Sturgeon (In re Sturgeon)

smulligan — Wed, 15 May 2013 16:10:16 +0000

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Citation:

Case No. WO-12-043 (B.A.P. 10th Cir. May 14, 2013) (published)

Ruling:

False representations are express misrepresentations while false pretenses includes conduct and material omissions and is defined as any series of events, when considered collectively, that create a contrived and misleading understanding of a transaction, in which a creditor is wrongfully ...

Judge(s):

Nugent, Romero, Jacobvitz

9th Circuit: Sharma v. Salcido (In re Sharma)

jnewell — Wed, 15 May 2013 16:08:17 +0000

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Citation:

BAP Nos. CC-12-1302 and CC-12-1520 (entered May 14, 2013) (Unpublished)

Ruling:

Bankruptcy Court did not commit reversible error when determining the issue of liability under 11 U.S.C. Sec. 523(a)(2)(A) without a hearing since the Court found sufficient evidence in Complaint's allegations to support determination of liability. BAP further affirmed the ...

Judge(s):

Markell, Taylor, Montali (9th Cir. BAP)

5th Circuit: Grossman v. The Belridge Group (In re Lothian Oil, Inc.)

omoezzi — Thu, 09 May 2013 16:04:09 +0000

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Citation:

5th Cir. Court of Appeal - Case No 1151073 (May 8, 2013)

Ruling:

AFFIRMED in part and reverse in part the district court's decision. Further, a remand with instruction to clarify whether an isolated claim in the earlier state-court action can proceed. Additionally, the court found that the bankruptcy court did not err ...

Judge(s):

King, Higginbotham, and Clement.

1st Circuit: Soto v. Doral Bank (In re Soto)

smushell — Mon, 13 May 2013 17:19:39 +0000

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Citation:

BAP NO. PR 12-075

Ruling:

The Bankruptcy Appellate Panel for the First Circuit ("B.A.P.") affirmed the Bankruptcy Court of Puerto Rico's decision to dismiss the debtors' Chapter 13 petition because the debtors did not comply with 521(a) of the code. 521(a) requires debtors to submit ...

Judge(s):

Haines, Feeney, Hoffman

9th Circuit: Fuchs & Associates, Inc. v. Lesso (In re Lesso)

jficarola — Mon, 13 May 2013 17:20:54 +0000

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Citation:

BAP No. CC-12-1515 (9th Cir. BAP) (entered May 10, 2013)(Unpublished)

Ruling:

Appellant law firm, Fuchs & Associates, Inc. ("FAAI"), has no standing to object or receive proceeds to Elke Lesso's ("Debtor") section 363(f) sale of real property "free and clear" because the Family Court held that FAAI was not a bona ...

Judge(s):

Markell, Taylor, Montali (9th Cir. BAP)

4th Circuit: Branigan v. Davis (In re Davis)

abrogan — Fri, 10 May 2013 19:24:27 +0000

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Citation:

Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)

Ruling:

In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of the Chapter 13 bankruptcy trustee that the Bankruptcy Abuse Prevention ...

Judge(s):

Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.

8th Circuit: Cawley v. Celeste (In re Athens/Alpha Gas Corp.)

anicas — Thu, 09 May 2013 16:08:24 +0000

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Citation:

Cawley v. Celeste (In re Athens/Alpha Gas Corp.), No. 12-1555 (8th Cir. May 9, 2013)

Ruling:

Because the judgment of the Supreme Court of North Dakota, holding that the appellant's claims were barred, satisfied the elements of North Dakota's res judicata doctrine, the full faith and credit statute (28 U.S.C. § 1738) required the Eight Circuit ...

Judge(s):

RILEY, COLLOTON, GRUENDER. Opinion by COLLOTON.

8th Circuit: Hathorn v. Petty (In re Petty)

lfuller — Wed, 08 May 2013 16:21:23 +0000

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Citation:

8th Cir. BAP, Case No. 13-6002 (May 8, 2013)

Ruling:

REVERSED. The 8th Circuit BAP reversed the decision of Bankrupcy Court (W.D. Ark - Fayetteville) after the Bankruptcy Court dismissed creditors' 523(a)(6) complaint as being untimely. The BAP ruled that because debtor did not notify creditors of the bankruptcy ...

Judge(s):

8th Cir. BAP Panel Judges Saladino, Kressel, and Shodeen (Opinion by Thomas L. Saladino)

10th Circuit: Lofstedt v. Kendall (In re Kendall)

bbickle — Wed, 08 May 2013 16:23:54 +0000

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Citation:

10th Cir. BAP, Case No. CO-12-070

Ruling:

The bankruptcy court's order was affirmed. The appellants challenged the order based on nothing more than the bankruptcy court's findings concerning the debtor's solvency. According to the appellants, the bankruptcy court relied upon experts that used the wrong ...

Judge(s):

Thurman, Cornish, and Nugent