84 results for 'nos:"Bankruptcy Appeal 28 USC 158 - Bankruptcy"'.
J. Chasanow partially affirms the bankruptcy court’s partial summary judgment granted to a debtor who filed for bankruptcy after his property was bid upon by a buyer when the debtor didn’t pay his property taxes. The buyer bid on the property but did not pay the full amount before the debtor filed for bankruptcy, preventing completion of the sale. The bankruptcy court was correct in granting partial summary judgment, so foreclosure is avoided and the title stays with the debtor.
Court: USDC Maryland, Judge: Chasanow, Filed On: August 11, 2023, Case #: 8:22cv2694, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Property, Foreclosure
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J. Ashe reverses a bankruptcy court’s order, holding that the discrimination claims of a potential class of school-age children with disabilities against the Roman Catholic Archdiocese would not be subject to a stay order. The disabled children do not seek to possess or control the property of the bankruptcy estate nor are they undertaking “collection efforts.” Instead, the children seek to halt allegedly discriminatory and unlawful conduct by requiring the Archdiocese to refrain from asking prospective students about their disabilities. Therefore, the bankruptcy court order does not apply to the children’s claims.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: July 28, 2023, Case #: 2:22cv4552, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Ada / Rehabilitation Act, Education
J. Hicks affirms a bankruptcy court ruling against a Kansas contractor, holding that non-debtor litigants in Kansas City did not violate the lower court’s order by filing suit in a Kansas state court to determine certain interests and rights in land ownership. Because the non-debtors did not violate the bankruptcy court’s stay order, there is no legal basis to find the Kansas litigation is legally void. Affirmed.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: July 11, 2023, Case #: 5:22cv5769, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure, Property
J. Watson dismisses the sued dairy companies’ appeal to review a bankruptcy court order calling for the companies to return cattle and other property to the suing dairy company. Immediate review is unnecessary as “there is nothing in the record here demonstrating that review of the March 13 order in the ordinary course of litigation (upon final judgment or decree) would cause irreparable harm.”
Court: USDC Hawaii, Judge: Watson, Filed On: July 11, 2023, Case #: 1:23cv147, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Property
J. Bryant upholds the bankruptcy court's dismissed of rapper 50 Cent's counterclaims against the law firm and attorneys who previously represented him and made a claim for attorney fees during his bankruptcy proceedings. His fiduciary duty claims were duplicative of his legal malpractice claims because they sought the same relief and operated on the same set of allegations. Meanwhile, the conflict of interest claim was properly dismissed because 50 Cent made only conclusory allegations the attorneys' representation of Rick Ross, a material witness in the underlying case against the rapper filed by a woman involved in a sex tape, prejudiced the outcome of the case. Affirmed.
Court: USDC Connecticut, Judge: Bryant, Filed On: June 30, 2023, Case #: 3:21cv911, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Fiduciary Duty, Legal Malpractice
J. Ashe denies a request by the Roman Catholic Archdiocese of New Orleans to dismiss disability discrimination claims against it in bankruptcy court by parents of disabled children seeking to enroll in New Orleans-area Catholic schools. The archdiocese unpersuasively argued that the parents’ complaints are moot because the archdiocese has voluntarily removed the allegedly biased questions from school admissions applications. The district court has no jurisdiction over the parents’ claims against the church, which are pending both in state court and in bankruptcy court.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: June 23, 2023, Case #: 2:22cv4552, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure, Jurisdiction
J. Ashe affirms a bankruptcy court ruling ordering an attorney for alleged victims of clerical sex abuse to pay $400,000 in sanctions for leaking confidential case information about an accused priest to a journalist. The court cannot condone an attorney’s deliberate decision to violate a court order, no matter how noble his motivation, so it has no reservation in upholding the bankruptcy court’s finding that the plaintiff attorney’s conduct was “contemptuous, wasteful, and warranted the imposition of sanctions.” Affirmed.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: June 21, 2023, Case #: 2:22cv1740, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Contempt, Sanctions