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TMT Procurement Corp v. Vantage Drilling Co. (In the Matter of TMT Procurement Corp)

Citation:
No. 13-20622 (5th Cir. Sep. 3, 2014)
Ruling:
Vacating and remanding three district court orders and two bankruptcy court orders, the Fifth Circuit held that both courts lacked subject matter jurisdiction to enter various orders affecting both...
Judge(s):
Higginbotham, Davis, and Haynes.
Tag(s):

Galloway v. Ford (In re Galloway)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 8 years 7 months ago
Citation:
Galloway v. Ford (In re Galloway), 9th Cir. B.A.P., (AZ-13-1085-PaKiTa) August 27, 2014 [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling of the bankruptcy court which denied Debtors’ 2nd motion to dismiss their chapter 7 case as well as...
Judge(s):
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
Tag(s):

Peoples v. Radloff (In re Peoples)

Citation:
No. 13-2686 (8th Cir. Aug. 20, 2014)
Ruling:
The Eighth Circuit affirmed the Bankruptcy Appellate Panel’s ruling that a chapter 7 debtor lacked standing to appeal an order approving the trustee’s compromise of a lawsuit belonging to the...
Judge(s):
Bye, Colloton, and Kelly.
Tag(s):

Ice House America, LLC v. Charles Cardin

  • Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
  • 8 years 10 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):

Spicer v. Navistar Defense (In re Westbrook)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
  • 8 years 10 months ago
Citation:
United States ex rel. Spicer v. Navistar Defense, LLC (In re Westbrook), Case No. 12-10858 (5th Cir. May 5, 2014).
Ruling:
Chapter 7 Trustee of whistleblower / debtor’s estate had exclusive standing to prosecute a qui tam False Claims Act against manufacturer of military vehicles when debtor failed to disclose the...
Judge(s):
Jerry Edwin Smith, Edward C. Prado and Jennifer Walker Elrod.
Tag(s):

Anderson v. Architectural Glass Construction, Inc. (In re Phister)

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 8 years 11 months ago
Citation:
Case No. 12-2465 (4th Cir. April 17, 2014)
Ruling:
In a published decision, the Fourth Circuit reversed the decision of the District Court of South Carolina which had reversed the bankruptcy court's decision that the debtor's transfer of her...
Judge(s):
Before Circuit Judges Motz, King and Shedd. Judge Motz wrote the majority opinion, in which Judge King joined. Judge Shedd wrote a dissenting opinion.
Tag(s):

Adelphia Recovery Trust v. Goldman

  • Summarized by Ferve Ozturk , BakerHostetler
  • 8 years 11 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):

Willess v. US

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 3 days ago
Citation:
Willess v. United States of America, Case No. 13-6159 (10th Cir. March 26, 2014) (unpublished)
Ruling:
Appellant lacked standing to appeal dismissal of lower court action because his personal injury claim became property of the bankruptcy estate when he filed for chapter 7 bankruptcy protection and...
Judge(s):
Tymkovich, Anderson, Bacharach
Tag(s):

Wu v. Markosian (In re Markosian)

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 9 years 2 weeks ago
Citation:
9th Cir. BAP No. NC-13-1339-JuKiD
Ruling:
In the published opinion, the 9th Circuit BAP affirmed the bankruptcy court decision, the bonus was not property of the re-converted Chapter 7 estate. The BAP determined that 11 U.S.C. Sec. 1115...
Judge(s):
JURY, KIRSCHER, and DUNN
Tag(s):

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