In re- LE CENTRE ON FOURTH, LLC,

• Summarized by Kathleen DiSanto , Bush Ross, P.A.
• 3 years 1 month ago

Citation:

20-12785 (11th Circuit, Nov 15,2021) Published

Case Status:

Affirmed

Ruling:

In affirming the ruling of the district court, the Eleventh Circuit held that personal injury claimant and his wife received sufficient notice of non-debtor releases included in chapter 11 debtor's...

Judge(s):

Jordan, Jill Pryor, and Tjoflat

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• 105

In re Dennis Baham

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 3 months ago

Citation:

NV-20-1081-TaBG (9th Circuit, Sep 30,2020) Not Published

Case Status:

Affirmed

Ruling:

The bankruptcy court did not abuse its discretion awarding the Bank of New York Melon (BNY) the attorneys’ fees and costs incurred in litigating and defeating the bad faith chapter 13 filing of...

Judge(s):

Laura S. Taylor; Julia W. Brand; and Scott H. Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Ethics
• Fraud
• Practice and Procedure
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• 9011
• 105
• 1307

Puerto Rico, LLC v. Empresas Martinez Valentin Cor

• Summarized by David Baker , Law Office of David G. Baker
• 4 years 11 months ago

Citation:

18-2103 (1st Circuit, Jan 28,2020) Published

Case Status:

Affirmed

Ruling:

For the foregoing reasons, we dismiss the appeal of the April 4 damages award, and we affirm the amount of attorneys' fees imposed.

Judge(s):

Torruella, Thompson, and Kanatta (author)

Tag(s):

• 1st Circuit
• Automatic Stay
• Practice and Procedure
• Professional Compensation/Fees
• 9023 and 9024
• 362
• 105

In re: FirstEnergy Solutions Corp

• Summarized by J. Debbeler , Bricker Graydon LLP
• 5 years 3 weeks ago

Citation:

Nos. 18-3787/3788/4095/4097/4107/4110; File No. 19a0294p.06 (6th Circuit, Dec 12,2019) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The Sixth Circuit determined that the necessity of available and functional bankruptcy relief is generally superior to the necessity of Federal Energy Regulatory Commission's having complete or...

Judge(s):

Batchelder, Griffin and Donald

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Executory Contracts/Leases
• Practice and Procedure
• Govt. Claims/Sovereign Immunity
• Sections
• 365
• 362
• 105

IN RE MASTRO

• Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
• 6 years 7 months ago

Citation:

WW-17-1226-TaSKu (9th Circuit, Jun 05,2018) Published

Case Status:

Reversed and Remanded

Ruling:

9th Cir. BAP held that a bankruptcy court has authority under § 105(a) and Rule 2004 to compel a debtor to sign a "Consent Directive" which directs foreign banks and financial institutions that...

Judge(s):

TAYLOR, SPRAKER, and KURTZ, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• 2004
• 105

Perez v. Deutsche Bank National Trust Co.

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 8 years 3 months ago

Citation:

___ B.R. ___ (1 st. Cir BAP 2016) BAP NO. MS 16-007

Ruling:

The Bankruptcy Appellate Panel affirms the bankruptcy court's ruling that a postponement of a foreclosure sale did not violate the automatic stay. The BAP maintains the First Circuit approach that...

Judge(s):

Lamoutte, Deasy and Cary.

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• 105
• 362

In re Tench

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 8 years 8 months ago

Citation:

Case No. 15-8026 (6th Cir. BAP 2016)

Ruling:

There is no provision in Chapter 13 for a proof of claim filed after the bar date. Rule 3002 sets bar date that can be expanded only for specific grounds which did not apply. Rule 9006 did not...

Judge(s):

Delk, Humphrey, Opperman

Tag(s):

• 6th Circuit
• Claims
• 3002
• 9006
• 105
• 3002

Mayor, et al. v. Wolkowitz (In re Cinevision International, Inc.)

• Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
• 8 years 10 months ago

Citation:

9th Cir BAP No. CC-15-1227-FCTa (Feb. 17, 2016) (unpublished)

Ruling:

Bankruptcy court properly awarded Chapter 7 Trustee sanctions of $99,745.24 against principals of Debtor corporation under Section 105(a) and 542 for violating the stay and refusing to turnover...

Judge(s):

FARIS, CORBIT, and TAYLOR

Tag(s):

• 9th Circuit
• Automatic Stay
• 8020
• 105
• 542

Needler v. Casamatta (In re Miller Automotive Group, Inc.)

• Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
• 9 years 5 months ago

Citation:

Needler v. Casamatta (In re Miller Automotive Group, Inc.), Case No. 14-6047 (8th Cir. B.A.P. August 12, 2015)

Ruling:

Section 350 clearly provides statutory authority to reopen a closed case and there is no requirement that a bankruptcy court must expressly retain jurisdiction when dismissing a case in order to...

Judge(s):

Schermer, Saladino and Shodden (Bankruptcy Judges)

Tag(s):

• 8th Circuit
• Ethics
• Professional Compensation/Fees
• 9011
• 105
• 350

Green Point Credit, LLC v. McLean (In re McLean)

• Summarized by Kathleen DiSanto , Bush Ross, P.A.
• 9 years 5 months ago

Citation:

Green Point Credit, LLC v. McLean (In re McLean), Case No. 14-14002 (11th Cir. July 23, 2015).

Ruling:

The Eleventh Circuit concluded that Green Point Credit, LLC and Green Tree Servicing, LLC (collectively, "Green Tree") violated the discharge injunction by filing a proof of claim in the debtors'...

Judge(s):

Carnes, Chief Judge, and Pryor, J., and Black, Circuit Judges.

Tag(s):

• 11th Circuit
• Discharge/Dischargeability
• Bankruptcy Litigation
• 105
• 524

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