Case No. 15-50381 (5th Cir. 05/04/16) (unpublished)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...
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...
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...
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 SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished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In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full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...
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...
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...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
12 years 8 months ago
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B.A.P. No. CC-12-1642 (9th Cir. B.A.P, July 3, 2013) (Not for Publication)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In an unpublished opinion, the Bankruptcy Appellate Panel for the Ninth Circuit affirmed the orders of the Bankruptcy Court for the Central District of California requiring the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...
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.
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
13 years 6 months ago
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...
Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
13 years 11 months ago
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.
