Valence Technology, Inc. v. KPMG Corporate Finance, L.L.C. (In re: Valence Technology, Inc.)

Citation:
Case No. 15-50381 (5th Cir. 05/04/16) (unpublished)
Ruling:
Per curiam: Affirmed; language in Advisors' engagement agreements specifically carved out success fees payable for certain identified parties, making general exclusion of success fee for...
Judge(s):
Prado, Owen, and Haynes, Circuit Judges
Tag(s):

Bank of America, N.A. v Horizon Ridge Medical & Corporate Center, LLC (In re Horizon Ridge Medical & Corporate Center, LLC)

Citation:
BAP No. NV-14-1532-DJuKi (BAP 9th Cir. Feb. 23, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of bankruptcy court (D. Nev.), allowing fees for debtor's second bankruptcy counsel in the amount of $513k, notwithstanding confirmation of the lead...
Judge(s):
Dunn, Jury, Kirscher
Tag(s):

Lazzo, et al. v. Rose Hill Bank et al. (In re Schupbach Investments, L.L.C.)

Citation:
Lazzo, et al. v. Rose HIll Bank, et al. (In re Schupbach Investments, L.L.C.), Case No. 14-3277 (10th Cir. November 3, 2015). Published.
Ruling:
Approving retroactive employment of debtor’s professionals requires a showing of extraordinary circumstances and simple neglect will not justify nunc pro tunc approval. Upon confirmation of a...
Judge(s):
Tymkovich, Holmes, McHugh (Tymkovich)
Tag(s):

APJL Consulting, LLC v. Treasures, Inc. (in re Treasures, Inc.)

Citation:
Nos. SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full disclosure, APJL could...
Judge(s):
JURY, KIRSCHER, and KURTZ, Bankruptcy Judges.
Tag(s):

Rose Hill Bank v. Lazzo (In re Schupbach Investments, LLC)

Citation:
No. KS-13-077 (10th Cir. B.A.P. Nov. 25, 2014)
Ruling:
In accordance with Tenth Circuit precedent, a chapter 11 debtor’s untimely application to employ counsel pursuant to § 327 may only be granted retroactively to the petition date upon a showing...
Judge(s):
Michael, Romero, and Jacobvitz.
Tag(s):

Groth Brother Oldsmobile, Inc. v. Kendall (In re Groth Brothers Oldsmobile, Inc.)

Citation:
Groth Brothers Oldsmobile, Inc. v. Kendall et al. (In re Groth Brothers Oldsmobile, Inc.), Case No. NC-12-1482-DJuPa (9th Cir. B.A.P. Oct. 3, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals (the "Panel") affirmed the holding of the United States Bankruptcy Court for the Northern District of California (the...
Judge(s):
Dunn, Jury and Pappas, Bankruptcy Judges
Tag(s):

Rivera v. Wolkowitz (In re Barajas)

Citation:
B.A.P. No. CC-12-1642 (9th Cir. B.A.P, July 3, 2013) (Not for Publication)
Ruling:
In an unpublished opinion, the Bankruptcy Appellate Panel for the Ninth Circuit affirmed the orders of the Bankruptcy Court for the Central District of California requiring the debtor's Chapter 11...
Judge(s):
Pappas, Dunn, and Kirscher, Bankruptcy Judges.
Tag(s):

In re Knight-Celotex, LLC

Citation:
In re Knight-Celotex, LLC, et al., Case No. 11-01815, ---F.3d ---- (7th Cir. Sept. 5, 2012)(slip opinion) (Hamilton, J)
Ruling:
AFFIRMING the District Court, the Seventh Circuit held that the Bankruptcy Court did not abuse its discretion by finding that a trustee was not judicially estopped from assigning claims against the...
Judge(s):
Cudahy, Kanne, and Hamilton, Seventh Circuit Judges.
Tag(s):

CRG Partners Group, L.L.C. v. Neary (In re Pilgrim's Pride Corp.)

Citation:
U.S. Court of Appeals, Fifth Circuit Case No. 11-10744- Not yet published
Ruling:
U.S. Bankruptcy Court, N.D. Texas, Ft. Worth Division ruling granting $1million fee enhancement was affirmed on the basis that the U.S. Supreme Court's decision in Perdue v. Kenny A, 130 S.Ct. 1662...
Judge(s):
Stewart, Elrod and Southwick
Tag(s):

Waldron v. Adams & Reese, L.L.P. (In re American International Refinery, Inc.)

Citation:
No. 11-30462 (5th Cir. March 2, 2012)
Ruling:
The Fifth Circuit affirmed the lower courts' ruling that a law firm that failed to disclose prior transactional assistance to a debtor and was paid a retainer for bankruptcy representation through...
Judge(s):
The Honorable Fortunato Benavides, Carl Stewart, and James Graves, Jr.
Tag(s):

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