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Topic: Bankruptcy Litigation

Rhino Energy LLC v. C.O.P. Coal Development Co. (In re C.W. Mining Co.)

Citation: 
Rhino Energy LLC, et al. v. C.O.P Coal Dev. Co., et al. (In re C.W. Mining Co.), Case No. 15-4108 (10th Cir. September 16, 2016).
Ruling: 
A District Court’s order is not final if it remands a case to the Bankruptcy Court for significant further proceedings and thus, the 10th Circuit does not have appellate jurisdiction. To qualify as a collateral-order, the order must resolve an ...
Judge(s): 
Phillips, McHugh, Moritz
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Privitera v. Curran

Citation: 
1st Circuit BAP NO. MW 15-051, Massachusetts Main Bankruptcy Case No. 14-42811-CJP, Adversary Proceeding No. 15-04024-CJP
Ruling: 
AFFIRMED. Creditor's Complaint against Debtor objecting to dischargeability under 11 USC 523(a)(2)(A) was dismissed by the Bankruptcy Court under Fed. R. Civ. P. 12 (b)(6) standard. Creditor's motion to amend the Complaint was denied.
Judge(s): 
Trial Judge: Hon. Melvin S. Hoffman. BAP Judges: Lamoutte, Deasy and Cary.
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Trentadue v. Gay (In re Trentadue)

Citation: 
In re Trentadue, No. 15-CV-388 (7th Cir. Sept. 14, 2016) (unpublished).
Ruling: 
In the bankruptcy context, attorney’s fees awarded relating to a child support case constitutes a priority, non-dischargeable domestic support obligation under 11 U.S.C. § 507(a)(1).
Judge(s): 
Kanne, Ripple, and Williams.
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Andover Covered Bridge, LLC v. Harrington

Citation: 
United States Bankruptcy Appellate Panel for the First Circuit, No. EP 16-005, July 31, 2016
Ruling: 
Affirming the dismissal of a Chapter 11 proceeding, the First Circuit BAP examined the serial components of a motion to dismiss or convert under sec. 1112 of the Code. First, a court must examine if "cause" exists. Here cause existed ...
Judge(s): 
Feeney, Godoy, and Harwood
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Andover Covered Bridge, LLC v. Harrington

Citation: 
Bankruptcy Case No. 15-20489-PGC, BAP No. EP 16-005
Ruling: 
AFFIRMED.
Judge(s): 
Feeney, Godoy and Harwood
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Uecker v. Bennett (In re Mortgage Fund '08 LLC)

Citation: 
Uecker v. Bennett (In re Mortgage Fund '08 LLC), Case No. NC-15-1408-JuKiTa (9th Cir. BAP Aug. 15, 2016) (unpublished)
Ruling: 
Bankruptcy court's decision that settlement agreement covered liquidating trustee's fraudulent transfer claim against appellee affirmed because no genuine issue of material fact existed as to the proper construction of the terms "REL Transfer," "Paid by REL," and "Any Third Party" ...
Judge(s): 
Jury, Kirscher, Taylor
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Rosenberg v DVI Receivables

Citation: 
Rosenberg v. DVI Receivables XVII, LLC, Case No. 15-2622 (3rd Cir. Aug. 29, 2016)
Ruling: 
Section 303(I) of the Bankruptcy Code does not preempt state law claims of non-debtors predicated on the filing of an involuntary bankruptcy petition. The opinion, however, expressly disclaimed any ruling on whether similar claims filed by a debtor would ...
Judge(s): 
Ambro, Jordan, and Scirica
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Bash v. Textron Financial Corp., (In re Fair Finance Co.)

Citation: 
2016 WL 4437606 (6th Cir. 2016)
Ruling: 
District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.
Judge(s): 
Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)
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Rosenberg v DVI Receivables

Citation: 
No. 15-2622, 3d Cir. Aug. 29, 2016
Ruling: 
Section 303(i) of the Bankruptcy Code allows a former debtor to seek costs, attorneys' fees, and damages against a petitioning creditor, where a court dismisses an involuntary bankruptcy petition. The United States Court of Appeals for the Third Circuit ...
Judge(s): 
AMBRO, JORDAN and SCIRICA, Circuit Judges
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Gowdy v. Mitchell (In re Ocean Warrior, Inc.)

Citation: 
No. 15-11891 (11th Cir. Aug. 26, 2016)
Ruling: 
The Bankruptcy Court (i) did not abuse its discretion in failing to conduct evidentiary hearing on civil contempt matter because contemnor had notice of the hearing and was given the opportunity to testify and submit evidence; (ii) did not violate ...
Judge(s): 
Eleventh Circuit Judges Stanley Marcus and Joel Dubina, and Visiting Eighth Circuit Judge Michael Melloy
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