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Topic: Venue/Jurisdiction

Uberoi v. Supreme Court of Florida

Citation: 
--- F.3d ----, 15-12636 (11th Cir. Apr. 18, 2016)
Ruling: 
District court lacked subject matter jurisdiction over claim under section 525 of the Bankruptcy Code against Florida Supreme Court under Rooker-Feldman doctrine. Federal courts do not generally exercise jurisdiction over enforcement of state bar rules and appellant could have ...
Judge(s): 
Ed Carnes, Hull, and Marcus
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Mandel v. Mastrogiovanni Schorsch & Mersky, et al.

Citation: 
NOT FOR PUBLICATION - Slip Opinion Case No. 15-40864 (5th Cir. Mar. 7, 2016)
Ruling: 
REVERSED and REMANDED district court's dismissal (as moot) of an appeal of an order allowing claims against the bankruptcy estate, finding that debtor was "person aggrieved" by the bankruptcy court's claim allowance order. While a debtor-out-of-possession will "rarely have ...
Judge(s): 
Per Curiam (Stewart, Owen and Costa)
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Schaumburg Bank & Trust, Co., N.A. v. Alsterda

Citation: 
15-1894
Ruling: 
Since no final judgment or appealable order was entered by the Bankruptcy Court, the Court of Appeals lacks appellate jurisdiction to review the District Court’s decision.
Judge(s): 
WOOD, Chief Judge, EASTERBROOK, Circuit Judge, and BRUCE, District Judge
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Lynch v. Malloy, III (In re Lynch)

Citation: 
Lynch v. Malloy, III, (In re Lynch), Case No. 15-054 (BAP 10th Cir. January 20, 2016). Published.
Ruling: 
The BAP has jurisdiction to hear appeals from an order entered in bankruptcy courts if the order finally disposes of discrete disputes within the larger case.
Judge(s): 
Karlin, Jacobvitz, Mosier
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Anderson v. Seven Falls Co.

Citation: 
Anderson v. Seven Falls Co., Case No. 14-1515 (10th Cir. December 31, 2015). Unpublished.
Ruling: 
A chapter 7 trustee’s recovery in an estate's personal injury lawsuit is limited to the amount needed to satisfy creditors’ claims and trustee’s fees and expenses. Determination of the trustee’s fees and expenses may not be merely a collateral ...
Judge(s): 
Briscoe, Lucero, McHugh
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Ullrich v. Welt (In re NICA Holdings, Inc.)

Citation: 
Ullrich v. Welt (In re NICA Holdings, Inc.), — F.3d —, No. 14-14685 (11th Cir. Dec. 17, 2015)
Ruling: 
The Eleventh Circuit held that the assignee under Florida’s Assignment for the Benefit of Creditors statute could not place an assignor entity into bankruptcy without specific authority. Further, the appellant’s appeals from the bankruptcy court’s orders approving settlements between ...
Judge(s): 
Carnes, Chief Judge, Martin, Circuit Judge, and Walter, District Judge (sitting by designation)
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Collins v. Sidharthan (In the Matter of KSRP, Ltd.)

Citation: 
--- F.3d ---, Case No. 14-41226 (5th Cir. Dec. 15, 2015)
Ruling: 
AFFIRMED district court's "take nothing" judgment, concluding that "related to" jurisdiction existed over suit between non-debtor parties, because the non-debtor defendant's indemnity claim against the debtor (though not ultimately meritorious) had a conceivable impact on the bankruptcy estate. In ...
Judge(s): 
Haynes, Jolly and Costa
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Sahagun, et al. v. Landmark Fence Company, Inc. (In re Landmark Fence Company, Inc.)

Citation: 
James Sahagun and Gerardo Garcia v. Landmark Fence Company, Inc. (In re Landmark Fence Company, Inc.) --- F.3d --- (9th C.A. September 11, 2015)
Ruling: 
Pursuant to Fed.R.App.P., Rule 34(a)(2), the Ninth Circuit Court of Appeal Panel unanimously agreed this case was suitable for decision without oral argument. Based on prior case law in the Ninth Circuit, the Panel determined that to assess jurisdiction ...
Judge(s): 
Stephen Reinhardt, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges
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In re Tribune Media Company

Citation: 
In re Tribune Media Company, Case Nos. 14-3332 and 14-3333 (3d Cir. August 19, 2015)
Ruling: 
The Court determined that Aurelius’s appeal, which would undo a crucial component of the plan, the settlement of LBO related causes of action that were the economic underpinning of the plan upon which creditors had relied, was equitably moot. The ...
Judge(s): 
AMBRO, VANASKIE, and SHWARTZ, Circuit Judges
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Richer v. Morehead

Citation: 
7th Cir. No. 14-2618 (Aug. 11, 2015)
Ruling: 
The 7th Circuit affirmed the District Court (N.D. Ill.), finding that the creditor (Morehead) converted his participation interest in commercial real estate owned by a trust controlled by one of the debtors (Richer) to a demand note in a timely ...
Judge(s): 
Posner, Kanne, and Hamilton, Circuit Judges
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