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Puerto Rico, LLC v. Empresas Martinez Valentin Cor

  • Summarized by David Baker , Law Office of David G. Baker
  • 6 months 2 weeks 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):

In re: FirstEnergy Solutions Corp

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 8 months 3 days 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):

IN RE MASTRO

  • Summarized by Thomas Phinney , Parkinson Phinney
  • 2 years 2 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):

Perez v. Deutsche Bank National Trust Co.

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):

In re Tench

  • Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
  • 4 years 3 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):

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

  • Summarized by Thomas Phinney , Parkinson Phinney
  • 4 years 6 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9th Cir BAP No. CC-15-1227-FCTa (Feb. 17, 2016) (unpublished)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):

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

  • Summarized by Elizabeth Gunn , Virginia Office of the Attorney General, Div. of Child Support Enforcement
  • 5 years 4 days 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):

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

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):

SE Property Holdings, Inc. v. Seaside Engineering & Surveying, Inc. (In re Seaside Engineering & Surveying, Inc.)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 5 years 5 months ago
Citation:
--- F.3d ---- (11th Cir. Mar. 12, 2015)
Ruling:
Affirmed. Equity holder being paid in full for interest in debtor under plan cannot block plan by insisting on being equity holder in reorganized debtor. Going concern method was appropriate...
Judge(s):
MARTIN, ANDERSON, and COTE (District Judge (S.D.N.Y) sitting by designation)
Tag(s):

Baker v. Baker (In the Matter of Baker)

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 5 years 5 months ago
Citation:
No. 14-10569 (non-precedential)
Ruling:
Fifth Circuit AFFIRMED lower courts' rulings that bankruptcy court could exercise jurisdiction to interpret and enforce its own prior sale order. District Court further did not commit err by...
Judge(s):
KING, DAVIS, and OWEN (per curiam)
Tag(s):

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