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.

In re SemCrude L.P., et al.

Citation: 
In re SemCrude L.P., et al., No. 14-1204, -- F.3d -- (3d Cir. Aug. 5, 2015).
Ruling: 
SemCrude's former limited partners' claims against Thomas Kivisto, SemCrude's co-counder and former president and CEO, were derivative of the claims against the corporation previously asserted, settled and released by the SemCrude Litigation Trust. Because the limited partners had no ...
Judge(s): 
Fuentes, Fisher and Krause, C.J.
Read on...

City of Concord, N.H. v. Northern New England Telephone Operations LLC (In re Northern New England Telephone Operations LLC)

Citation: 
No. 14-3381-bk (Aug. 4, 2015)
Ruling: 
The Court adopts the view that a lien can be extinguished by a Chapter 11 plan under 1141(c) only if the creditor has "participated" in the bankruptcy proceeding. See Penrod, 50 F.3d 459 (CA7 1995). The Court distinguishes Penrod ...
Judge(s): 
Jacobs, with Newman & Raggi
Read on...

Official Committee of Unsecured Creditors of Bulk Petroleum Corp. v. Kentucky Dept. of Rev.

Citation: 
Official Committee of Unsecured Creditors of Bulk Petroleum Corp., et al., Bank of Sun Prairie v. Kentucky Department of Revenue, Court of Appeals, 7th Circuit (July 31, 2015)
Ruling: 
Kentucky’s excise tax on commercial sale of motor fuel is to be paid by the receiving party, no matter who is doing the collection of the tax. Actual receipt of the fuel occurs at the moment the gasoline is ...
Judge(s): 
Wood, Easterbrook, Hamilton
Read on...

Bos v. Board of Trustees

Citation: 
In re Gregory Bos, No. 13-15604 (9th Cir. July 30, 2015).
Ruling: 
Debtor was not § 523(a)(4) fiduciary when he failed to make contributions to ERISA employee-benefit funds.
Judge(s): 
Diarmuid F. O’Scannlain and Sandra S. Ikuta, Circuit Judges, and Larry A. Burns, District Judge (S.D. Cal.), sitting by designation.
Read on...

In re Charles Edward Taylor, II

Citation: 
In re Taylor, No. 14–3017, 2015 WL 4393732, --- F.3d --- (7th Cir. July 20, 2015)
Ruling: 
Affirming the district court, the Seventh Circuit first held that the appeal was not moot even though the debtor had entered into a settlement agreement with one of the appellees because the other appellees would not consent to the settlement ...
Judge(s): 
Wood, Chief Judge; Rovner, Circuit Judge; and Springmann, District Judge (sitting by designation)
Read on...
Syndicate content