Home » Chapter 11 » SUBCHAPTER II » § 1123

Freif & Co. v. Shapiro, et al. (In re Western Funding Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 8 years 7 months ago
Citation:
-- F.3d -- (9th BAP 2016)
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the Chapter 11 Liquidating Trustee's ("Trustee") proposed settlement related to pre-petition transfers. The...
Judge(s):
Honorable DUNN, FARIS and BARASH.
Tag(s):

Franklin High Yield Tax-Free Income Fund v. City of Stockton, California (In re City of Stockton, California)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 4 weeks ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1550-DJuF (December 11, 2015) Published
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") dismissed, as equitably moot, Franklin High Yield Tax-Free Income Fund and Franklin California High Yield Municipal Fund (collectively,...
Judge(s):
Honorable DUNN, JURY AND FARIS, Bankruptcy Judges
Tag(s):

Adler v. Frost (In the Matter of Gulf States Long Term Acute Care of Covington, L.L.C.)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
  • 9 years 6 months ago
Citation:
No. 14-31109 (5th Cir. June 11, 2015) - Designated not for publication
Ruling:
Affirmed.
Judge(s):
HIGGINBOTHAM, DAVIS, and SOUTHWICK Per Curiam
Tag(s):

Rossco Holdings, Inc. v. McConnell, Esq.

  • Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
  • 9 years 7 months ago
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....
Judge(s):
Clement, Prado and Elrod
Tag(s):

Bella Sera Homeowners' Assoc. v. Pack (In re Pack)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 7 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NV-14-1375-KuDJu
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") ruled that both bankruptcy court's orders "stripping off" Bella Sera Homeowner's Association ("Bella") lien and...
Judge(s):
KURTZ, DUNN and JURY, Bankruptcy Judges
Tag(s):

U.S.A. v. Bond

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 10 years 5 months ago
Citation:
Docket No. 12-4803-bk (2d Cir. August 13, 2014)
Ruling:
The bankruptcy court lacked subject matter jurisdiction to decide a tax refund claim because the liquidating trustee appointed pursuant to the Debtors' confirmed plan of reorganization did not...
Judge(s):
Jacobs, Sack, and Lohier
Tag(s):

Ice House America, LLC v. Charles Cardin

  • Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
  • 10 years 8 months ago
Citation:
2014 U.S. App. LEXIS 8882, 2014 FED App. 0099P (6th Cir.), 6th Circuit Appellate Case No. 13-5764, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 2:12-cv-00463
Ruling:
The United States Court of Appeals for the Sixth Circuit held that the “absolute-priority rule” applies to individual Chapter 11 debtors; therefore, objecting impaired unsecured creditors must...
Judge(s):
Richard Fred Suhrheinrich Eugene Edward Siler, Jr. Raymond Kethledge
Tag(s):

Adelphia Recovery Trust v. Goldman

  • Summarized by Ferve Ozturk , BakerHostetler
  • 10 years 9 months ago
Citation:
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling:
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the...
Judge(s):
Winter, Walker, Cabranes
Tag(s):

Wooley v. Haynes & Boone, L.L.P. (In re SI Restructuring Inc.)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 11 years 8 months ago
Citation:
Case No. 11-51106 (5th Cir. April 18, 2013)
Ruling:
AFFIRMED bankruptcy's court's denial of a creditor's motion to pursue post-confirmation causes of action on behalf of reorganized Debtor due to a lack of standing to sue and rejected blanket...
Judge(s):
Wiener, Clement, and Prado, Circuit Judges
Tag(s):

Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at Camp Bowie I, L.P.)

  • Summarized by Michael Cooley , Reed Smith LLP
  • 11 years 10 months ago
Citation:
No. 12-10271 (5th Cir. February 26, 2013).
Ruling:
Joining with the Ninth Circuit’s conclusion in Matter of L&J Anaheim Associates, 995 F.2d 940 (9th Cir. 1993), the Fifth Circuit held that the Bankruptcy Code does not distinguish between...
Judge(s):
Higginbotham, Clement, and Haynes.
Tag(s):

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