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Topic: Bankruptcy Litigation

Official Committee of Unsecured Creditors v. Baldwin

Citation: 
Official Committee of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), Case No. 13-2707, 2015 WL 305505 (3d Cir. Jan. 26, 2015) (precedential)
Ruling: 
Affirming the jury's liability verdict and findings that defendants breached their fiduciary duties by failing to exercise reasonable diligence and prudence in their oversight and management of the debtor. Affirming the jury's punitive damages award against the debtor's two ...
Judge(s): 
Vanaskie, Circuit Judge
Read on...

Iberiabank v. Geisen (In re FFS Data, Inc.)

Citation: 
Case No. 14-11473 (11th Cir. Jan. 23, 2015)
Ruling: 
A general release provision in a confirmed chapter 11 plan which explicitly identified the 100% stockholder of the Debtor by name applied to the lender's state court claim on the stockholder's guaranty (and not solely in the stockholder's capacity as ...
Judge(s): 
Tjoflat, Pryor and Cox
Read on...

Church Joint Venture, L.P. v. Blasingame (In re Blasingame)

Citation: 
2015 WL 249495 (6th Cir. BAP 2015)
Ruling: 
Notice of Appeal filed within 164 days of entry of order timely where Order did not constitute "separate judgment" under Rule 58 and Bankruptcy Rule 7058.
Judge(s): 
Harrison, Humphrey and Preston
Read on...

Angio Dynamics, Inc. v. Biolitec, Inc.

Citation: 
Docket No. 12-4364-cv (2nd Cir. January 9, 2015)
Ruling: 
Non-party parent of debtor in appellate litigation was not permitted to be substituted for its subsidiary that settled underlying litigation (through its bankruptcy trustee) and dismissed appeal, since Federal Rule of Appellate Procedure 43(b) applies only when a party is ...
Judge(s): 
Cabranes, Hall, Chin, Circuit Judges
Read on...

Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

Citation: 
Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]
Ruling: 
The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to the Debtor. The Bankruptcy Appellate Panel affirmed the second order appealed by ...
Judge(s): 
KIRSCHER, DUNN and JURY, Bankruptcy Judges
Read on...

Rund v. Bank of America Corp. (In re EPD Investment Co., LLC)

Citation: 
Rund v. Bank of America Corp. (In re EPD Investment Co., LLC), BAP Nos. CC-13-1374-KiKuDa and CC-13-1375-KiKuDa (9th Cir., Jan. 7, 2015)
Ruling: 
REVERSING the order of the bankruptcy court, the BAP held that 11 USC 546 (a) preempts a state-law fraudulent transfer statute of repose, and that the reach back period is established on the petition date, rather than from the complaint.
Judge(s): 
Kirscher, Kurtz, and Davis
Read on...

Hagan v. Baird (In re B&P Baird Holdings, Inc.)

Citation: 
Case no. 14-1060 (6th Cir. 2014)
Ruling: 
Trustee's action to recover funds misappropriated by debtor's principals not barred by in pari delecto.
Judge(s): 
Daughtrey, McKeague and White
Read on...

Goldman v. Gerard (In re Gerard)

Citation: 
Goldman v. Gerard (In re Gerard), BAP No. CC-14-1028 (BAP 9th Cir. Dec. 08, 2014)
Ruling: 
In the unpublished decisions, the Ninth Circuity Bankruptcy Appellate Panel dismissed Creditor Diane Goldman ("Goldman") appeal of an order granting Debtor to reopen an adversary proceeding and determining that Debtor did not breach a settlement agreement related to a non-dischargeability ...
Judge(s): 
Kirscher, Taylor, Dunn
Read on...

LTF Real Estate Co v. Expert South Tulsa, LLC (In re Expert South Tulsa, LLC)

Citation: 
In re Expert South Tulsa, LLC, 2014 WL 6845675 (10th Cir. BAP December 4, 2014)
Ruling: 
Escrow fund established pre-petition to guarantee completion of site improvements on real estate was not included in property of the estate, but bankruptcy court erred in sua sponte dismissal of debtor's avoidance claims. Affirmed in part and reversed in part.
Judge(s): 
Thurman, Romero, Jacobvitz
Read on...

Sullivan v. Harnisch (In re Sullivan)

Citation: 
Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]
Ruling: 
In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case because the appellant filed the bankruptcy petition in bad faith. The appellate ...
Judge(s): 
TAYLOR, DUNN, and KIRSCHER, Bankruptcy Judges.
Read on...
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