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Most Recent ABI Volo Circuit Court opinion summaries

Volo is a Latin word for speed, more rapidly. The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of editors from around the country will summarize new appellate opinions, posted here at the Volo website. The summary includes the full text of the opinion. ABI Members can also subscribe to an RSS feed to receive summaries as soon as they are posted. Opinions will be summarized within 24 hours.

Volo editor: Scott F. Gautier
Peitzman, Weg, & Kempinsky LLP; Los Angeles, CA

Opinions

Title Decidedsort icon Body
In re GAC Storage Lansing, LLC February 27, 2013 Commercial case opinion summary, case decided on February 27th, 2013, LexisNexis #0313-096
Ruling: Confirmation of plan denied for lack of feasibility or good faith. Overview: The debtor, a California LLC, was created in June 2006, and it borrowed money to buy property for the purpose of constructing a self-storage facility. The debtor declared bankruptcy in October 2011, and a bank that held secured debt the debtor owed... Court: Northern District of Illinois (Cox)
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Wallace v. Hayes (In Wallace) February 27, 2013 Consumer case opinion summary, case decided on February 27th, 2013, LexisNexis #0313-103
Ruling: Sanctions imposed after dismissal of debtor's adversary proceeding was affirmed. Overview: The court granted defendants' motion to dismiss the debtor's adversary proceeding and directed defendants to file an itemized statement of costs they incurred to defend the adversary proceeding, and after defendants submitted a statement which asked... Court: District of Idaho (Myers)
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Hall v. Burns (In re Burns) February 27, 2013 Consumer case opinion summary, case decided on February 27th, 2013, LexisNexis #0313-088
Ruling: Failure to pay overtime was not a basis for nondischargeable debt. Overview: After the creditor quit working for the debtor's construction company, he filed suit against the debtor in federal district court for violations of the FLSA. Shortly thereafter, the debtor filed a voluntary petition under chapter 7. The debtor did... Court: Northern District of Alabama (Stilson)
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In re MC2 Capital Partners, LLC February 27, 2013 Commercial case opinion summary, case decided on February 27th, 2013, LexisNexis #0313-084
Ruling: LLC that paid claims on behalf of debtor could assert claims against the estate in an amount not to exceed amount actually paid. Overview: The debtor was created for the purpose of building an 82-unit multi-family residential project in California, and between 2008 and 2011 it hired various vendors to perform work on the project. Four vendors who were not paid filed actions against the... Court: Northern District of California (Jaroslavsky)
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