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Topic: Venue/Jurisdiction

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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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
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Loveridge v. Hall (In re Renewable Energy Dev. Corp.)

Citation: 
Loveridge v. Hall, et al. (In re Renewable Energy Dev. Corp.), Case No. 14-4001 (10th Cir. July 10, 2015). Published.
Ruling: 
Parties have the Constitutional right to have an Article III judge make a final judgment when plaintiff seeks recovery only under state law and when none of the claims necessarily involve the claims allowance process and the District Court cannot ...
Judge(s): 
Tymkovich, Gorsuch, Phillips (Gorsuch)
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Charbono v. Sumski (In re Charbono)

Citation: 
14-2151
Ruling: 
District court's order affirmed. The modest sanction that was imposed was well within the bankruptcy court's inherent powers and did not amount to a criminal sanction.
Judge(s): 
Howard, Selya (author) and Kayatta
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Rossco Holdings, Inc. v. McConnell, Esq.

Citation: 
___ F.3d ___; Case No. 14-10900 (5th Cir. June 1, 2015)
Ruling: 
The court of appeals affirmed the decision by the United States District Court for the Northern District of Texas to dismiss causes of action brought by reorganized debtors under Fed. R. Civ. P. 12(b)(1) because the Plaintiff's confirmed Chapter 11 ...
Judge(s): 
Clement, Prado and Elrod
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Empire State Building Co., L.L.C. v. New York Skyline, Inc. (In re New York Skyline, Inc.)

Citation: 
No. 14-2585-bk (Summary order, not precedential)
Ruling: 
1- Consent to final adjudication by a non-Article III bankruptcy judge of a non-core matter must be unambiguous. It can be inferred by conduct, but here the debtor's acquiescence to the bankruptcy court's rulings must be understood in the context ...
Judge(s): 
JOHN M. WALKER, JR., GUIDO CALABRESI, and REENA RAGGI,
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Moses v. Cashcall, Inc.

Citation: 
Moses v. Cashcall, Inc., 2015 U.S. App. LEXIS 4098 (4th Cir. 2015)
Ruling: 
Affirmed in part, reversed in part, and remanded with instructions by per curiam opinion: "This bankruptcy appeal presents the issue of whether two claims, one for declaratory relief and one for money damages, asserted by debtor Oteria Moses in an adversary ...
Judge(s): 
Before: Circuit Judges Paul v. Niemeyer and Roger L. Gregory, and Senior Circuit Judge Andre M. Davis
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Houston v. Queen

Citation: 
Case: 14-30512
Ruling: 
Under Fifth Circuit jurisprudence, the Rooker–Feldman doctrine barred Plaintiffs' action as they were (1) state-court losers; (2) alleging harm caused by a state-court judgment; (3) that was rendered before the district court proceedings began; and (4) requesting review and reversal ...
Judge(s): 
Before SMITH, PRADO, and OWEN, Circuit Judges.
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Civic Partners Sioux City, LLC v. Main Street Theaters, Inc. (In re Civic Partners Sioux City, LLC)

Citation: 
No. 13-3636 (8th Cir. Mar. 3, 2015).
Ruling: 
The Court of Appeals lacks jurisdiction over appeals from non-final orders of the Bankruptcy Appellate Panel. In particular, an order denying confirmation of a chapter 11 plan of reorganization is interlocutory, and therefore nonappealable. Appeal dismissed.
Judge(s): 
Murphy, Smith, and Gruender.
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