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Topic: Bankruptcy Litigation

Tehrani v. Walters

Citation: 
Tehrani v. Walters, Case No. 15-2317 (3d Cir. May 20, 2016) (not precedential)
Ruling: 
Affirming the decision of the United States District Court for the District of New Jersey ("District Court") and holding that the District Court did not err in (a) rejecting the debtors' allegations of bias and (b) finding that the United ...
Judge(s): 
McKee, Ambro, Scirica
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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.
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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
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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
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Emmert, et al. v. Taggart (In re Taggart)

Citation: 
BAP No. OR-15-1119-JuKiF & BAP No. OR-15-1158-JuKiF (BAP 9th Cir. Apr. 12, 2016)
Ruling: 
The BAP for the 9th Circuit reversed the ruling of the bankruptcy court (D. Or.) finding appellants in contempt for violating debtor's discharge injunction, finding the bankruptcy court erred by applying an incorrect legal standard. The BAP ruled that bankruptcy ...
Judge(s): 
Jury, Kirscher, Faris
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Morris, et al. v. Davis (In re Morris)

Citation: 
BAP No. SC-15-1222-FJuKi (BAP 9th Cir. Mar. 29, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) approving a settlement agreement, finding the bankruptcy court did not abuse its discretion in granting the motion to settle as fair and equitable. Bankruptcy court ...
Judge(s): 
Faris, Jury, Kirscher
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World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al.)

Citation: 
World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al), Case No. 15-1498 (3d Cir. Apr. 20, 2016) (precedential)
Ruling: 
Contractual agreement between common carrier and its customer to transfer an unwaived maritime lien in delivered goods to goods currently held by common carrier was enforceable. Current shipment of goods may be held to secure the payment of prior shipments. ...
Judge(s): 
McKee, Chief Judge; Jordan (author) and Vanaskie, Circuit Judges
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Mid-South Iron Workers Welfare Plan, et al. v. Harmon

Citation: 
No. 15-6064 (10th Cir. Apr. 13, 2016)
Ruling: 
The Tenth Circuit affirmed the decision of the U.S. District Court (W.D. Okla.), dismissing complaint under Rule 12(b)(6) based on the expiration of the statute of limitations. The Tenth Circuit agreed that under Rule 12(b)(6) the trial court could take ...
Judge(s): 
Gorsuch, McKay, Bacharach
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Uberoi v. Supreme Court of Florida

Citation: 
D.C. Docket No. 8: 14-cv-02321-TGW; 15-12636
Ruling: 
The 11th Circuit Court of Appeals affirmed the district court's order dismissing complaint for lack of subject matter jurisdiction based on sovereign immunity and the Rooker-Feldman doctrine. Held: Under the Rooker-Feldman doctrine, federal district courts lack subject matter jurisdiction over claims ...
Judge(s): 
Carnes; Hull; Marcus
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Liebzeit v. Intercity State Bank, et al. (In re Blanchard)

Citation: 
Liebzeit v. Intercity State Bank, et al. (In re Blanchard), Case No. 15-1970 (7th Cir. App. Apr. 14, 2016)
Ruling: 
1. Under Wisconsin law, a mortgage can properly attach a lien to a vendor's interest in a land contract. 2. The lender perfected it's lien on the vendor's interest by recording a mortgage in the land records, rather than ...
Judge(s): 
Hamilton, Posner, Ripple
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