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Summaries by Daniel Waxman

In re Orexigen Therapeutics, Inc.

Citation:
20-1136 (3rd Circuit, Mar 19,2021) Published
Case Status:
Affirmed
Ruling:
"Mutuality," as that term is used in 553 of the Bankruptcy Code, is a distinct statutory requirement that cannot be expanded by contractual or state law concepts of setoff. "Mutuality" means only...
Judge(s):
Jordan, Krause, and Restrepo
Tag(s):

Ky. Employees Retirement Sys. v. Seven Counties Servs., Inc.

Citation:
16-5569/5644 (6th Circuit, Jul 20,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Section 959(b) is not limited to compliance with health and safety laws and Debtor was required, pursuant to 28 U.S.C. 959(b), to make statutorily mandated post-petition contributions to the...
Judge(s):
Cole, McKeague, Stranche
Tag(s):

In re Motors Liquidation Co.: Those Certain Post-Closing Accident

Citation:
18-1940 (2nd Circuit, Nov 19,2019) Published
Case Status:
Affirmed
Ruling:
New GM is not liable for punitive damage claims asserted by parties to post-Sale accidents involving automobiles manufactured by Old GM, even if New GM is liable for compensatory damages, because...
Judge(s):
Jacobs, Sack, Hall
Tag(s):

IN RE: LICKING RIVER MINING, LLC

Citation:
17-6310 (6th Circuit, Dec 28,2018) Published
Case Status:
Affirmed
Ruling:
Fees of debtor and committee professionals were properly payable from "carveout" contained in Final Cash Collateral Order, notwithstanding conversion of case to Chapter 7 and despite lender's...
Judge(s):
Merritt, Daughtrey, and Stranch
Tag(s):

Trost v. Trost

Citation:
17-1877 (6th Circuit, May 30,2018) Not Published
Case Status:
Affirmed
Ruling:
Federal court conversion judgment was entitled to collateral estoppel effect and was excepted from discharge as arising from a "willful and malicious injury" as defined by 11 USC 523(a)(6).
Judge(s):
Moore, Cook, and McKeague
Tag(s):

Marshall v. Blake

Citation:
17-2809 (7th Circuit, Mar 22,2018) Published
Case Status:
Affirmed
Ruling:
1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
Judge(s):
Flaum, Bauer, and Manion
Tag(s):

Arrow Oil & Gas, Inc. v. J. Aron & Company (In re Semcrude L.P.)

Citation:
15-3094, 15-3095, 15-3096, 15-3097, 15-3121, 15-3123, 15-3124, (3rd Circuit, Jul 19,2017) Published
Case Status:
Affirmed
Ruling:
Oil producers failed to perfect their security interests in extracted oil under state law and/or the downstream purchasers of that oil acquired the oil free and clear of any security interests as...
Judge(s):
Ambro, Jordan and Fisher
Tag(s):

Indian Harbor Insurance Co. v. Zucker

Citation:
16-1695/1697/1698 (6th Circuit, Jun 20,2017) Published
Case Status:
Affirmed
Ruling:
'Insured vs. Insured' exclusion in D&O insurance policy bars claims by a liquidating trustee against directors and officers of the company because such claims are brought by, on behalf of, or in...
Judge(s):
Sutton, Daughtrey, and Donald (dissenting)
Tag(s):

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