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 member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

Passmore v. Baylor Health Care System

Citation: 
Case No. 15-10358 (May 19, 2016 5th Cir.)
Ruling: 
REVERSED and remanded district court decision that held the expert report requirements of Texas Civil Practice and Remedies Code 74.351 applied in federal court. The 5th Circuit held that Section 74.351's requirement that a plaintiff with a health care liability ...
Judge(s): 
Davis, Barksdale and Dennis, Circuit Judges.
Read on...

Slobodian v. I.R.S

Citation: 
No. 15-2833 (3d Cir. May 10, 2016)
Ruling: 
Five alleged preferential transfers made by Net Pay (a payroll processor) to the IRS, on behalf of five different clients, were not avoidable under 11 U.S.C. § 547(b) of the Bankruptcy Code. Four of the five payments were not ...
Judge(s): 
SMITH and HARDIMAN, Circuit Judges
Read on...

In re Energy Future Holdings Corp. et al.

Citation: 
In re Energy Future Holdings Corp., Case No. 15-1591 (3d Cir. May 4, 2016)
Ruling: 
1. The use of a "tender offer" to solicit a settlement, subject to bankruptcy court approval, is permissible if the "tender offer" is appropriately structured. 2. A settlement outside of the plan-confirmation context need not comply with the Bankruptcy ...
Judge(s): 
Greenaway Jr., Vanaskie, and Shwartz
Read on...

Valence Technology, Inc. v. KPMG Corporate Finance, L.L.C. (In re: Valence Technology, Inc.)

Citation: 
Case No. 15-50381 (5th Cir. 05/04/16) (unpublished)
Ruling: 
Per curiam: Affirmed; language in Advisors' engagement agreements specifically carved out success fees payable for certain identified parties, making general exclusion of success fee for satisfaction of existing debts inapplicable to any consideration received from those identified parties. Because one ...
Judge(s): 
Prado, Owen, and Haynes, Circuit Judges
Read on...

Lane v. Lane

Citation: 
Lane v. Lane, et al., Case No. 15-8092 (10th Cir. May 10, 2016).
Ruling: 
Claims of fraud against a bankruptcy estate are statutory causes of action belonging to the trustee, not to the bankrupt, and the trustee asserts them for the benefit of the bankrupt’s creditors, whose rights the trustee enforces. Since the ...
Judge(s): 
Lucero, Matheson, Bacharach (Lucero)
Read on...
Syndicate content