In re Federal-Mogul Global Inc., Case No. 09-2230, 2012 WL 1511773 (3d Cir. May 1, 2012)
Ruling:
The Court of Appeals for the Third Circuit held that the Debtor Federal-Mogul could transfer its insurance rights to recovery under liability policies to a post-confirmation section 524(g) trust,...
Judge(s):
Anthony J. Scirica, D. Brooks Smith and Kent A. Jordan
Summarized by Jason Stitt , Keating Muething & Klekamp PLL
13 years 11 months ago
Citation:
In re Martin, BAP 6th Cir., Case No. 11-8052
Ruling:
Bankruptcy Appellate Panel upheld sanctions against creditor for violation of discharge injunction. Creditor willfully violated discharge injunction when he filed a post-discharge state court...
Judge(s):
EMERSON, FULTON, and PRESTON. Opinion by Hon. Thomas J. Fulton
The Ninth Circuit Court of Appeals affirmed the District Court which had affirmed the Bankruptcy Court. The Bankruptcy Court had the discretion to decline to enforce the otherwise applicable...
Judge(s):
Gould and Schroeder, Circuit Judges and Seeborg, District Judge, Northern District of California, sitting by designation
Affirms the District Court's ruling that the Plan preempts Appellants state law claim for enforcement of contract rights. Reverses the District Court's ruling that Appellants lacked standing to...
Judge(s):
Mary M. Schroeder and Ronald M. Gould, Circuit Judges, and Richard Seeborg, District Judge (N.D. Cal.). Opinion by Judge Gould.
Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
14 years 2 months ago
Citation:
No. 10-3654; 11-0872 (6th Cir., December 21, 2011)
Ruling:
In affirrming the lower courts' rulings, the Sixth Circuit first observed that courts are divided over whether the exception to the automatic stay of Section 362(b)(1) is absolute, or dependent on...
Summarized by Cara Murray , Whiteford Taylor Preston LLP
14 years 2 months ago
Citation:
John R. Berhmann v. Nat'l Heritage Foundation, Inc., ___ F.3d ___ (4th Cir. 2011) (Case No.:10-2015); 2011 U.S. App. LEXIS 24454
Ruling:
The United States Court of Appeals for the Fourth Circuit (the “Fourth Circuit”) held that equitable relief in the form of non-debtor release provisions in a plan of reorganization is...
Judge(s):
Before Traxler, Chief Judge, and Agee and Diaz, Circuit Judges (opinion by Judge Diaz)
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
14 years 5 months ago
Citation:
Case No. 11-40301 (5th. Cir. September 22, 2011
Ruling:
Under 11 U.S.C. § 524(c), an agreement based “in whole or in part” on a dischargeable obligation is unenforceable unless the parties comply with the requirements set forth in § 524(c)(1)-(6)....
