In re W.R. Grace & Co., Case No. 12-2807 (3d Cir. July 24, 2013) (unpublished)
Ruling:
Co-defendant in asbestos-related litigation lacked standing to object to confirmation of Chapter 11 plan because objector failed to show a specific, identifiable injury that would result from plan...
Judge(s):
Ambro, Fisher and Jordan, Circuit Judges. [Written by Jordan]
Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)
Ruling:
In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of...
Judge(s):
Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.
Although a district court, at its discretion, may review interlocutory judgments and orders of a bankruptcy court pursuant to 28 U.S.C. 158(a), a court of appeals only has jurisdiction over final...
Judge(s):
BARKETT, JORDAN, and HALL (District Judge, sitting by designation)
10th Cir. B.A.P. - BAP No. KS - 11-096 (Bankr. Case No 09-12159)
Ruling:
REVERSE lower court's ruling, concluding that the bankruptcy court did not have the authority to award damages to debtors, Jeffrey P Houlik and Charla Houlik, in the amount of $474.86 actual...
Williams & Wyse v. King, No. 12-6014 (BAP 8th Cir. 2012)
Ruling:
The 8th Circuit B.A.P. affirmed an Order of the Bankruptcy Court for the Western District of Missouri denying a motion to reconsider an Order awarding sanctions and directing a creditor to dismiss...
Judge(s):
8th Cir BAP: Kressel, Schermer, and Nail; U.S. Bankruptcy Judge for the Western District of Missouri: Dennis R. Dow.
In re American Capital Equipment, LLC, Case No. 10-2239 (3d Cir. July 25, 2012).
Ruling:
Time of Confirmability Determination
Bankruptcy judges can determine a Chapter 11 plan is unconfirmable without first holding a confirmation hearing where: (1) the plan is "patenty unconfirmable,...
AFFIRMING the United States District Court for the Central District of Calfiornia, the Court of Appeals held that district court did not abuse its discretion by refusing to compel arbitration,...
Judge(s):
KLEINFELD AND SMITH (Circuit Judges) and MARBLEY (District Judge, sitting by designation)
The 6th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s judgment refusing to order damages for a violation of the automatic stay and dismissing the claim that the repossession...
Alderwoods Group, Inc. v. Garcia, et al., Case No. 10-14726 (11th Cir. May 30, 2012) (published)
Ruling:
The judgment of the United States District Court for the Southern District of Florida ("District Court") is vacated because the United States Bankruptcy Court for the Southern District of Florida...
Judge(s):
TJOFLAT and MARTIN, Circuit Judges, and Robert T. DAWSON, United States District Judge for the Western District of Arkansas, sitting by designation
