Talarico v. Ultra Petroleum

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
• 1 year 5 months ago

Citation:

21-20049 (5th Circuit, Apr 01,2022) Not Published

Case Status:

Affirmed

Ruling:

Affirmed the District Court's dismissal of a challenge, asserted by a former shareholder of the Debtor, to the bankruptcy court's Chapter 11 confirmation order, finding in part that: "if the...

Judge(s):

Higginson, Willett, and Ho.

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• 11 U.S.C § 1129

Juarez v. Todeschi and Ponce (In re Juarez)

• Summarized by Lars Fuller , BakerHostetler
• 4 years 1 month ago

Citation:

AZ-19-1028-FLB (9th Circuit, Aug 21,2019) Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Az.) confirming chapter 11 plan. Treatment of unsecured creditors satisfied 1129(a)(7) requirement that unsecured creditors would receive at...

Judge(s):

Faris, Lafferty, Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 1129

Roberts v. Livdahl (In re Livdahl)

• Summarized by Lars Fuller , BakerHostetler
• 4 years 5 months ago

Citation:

BAP No. AZ-18-1223-TaLB (9th Circuit, Apr 15,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Az.) overruling objection to chapter 11 plan confirmation by secured creditor. Bankruptcy court properly ruled plan was filed in good...

Judge(s):

Taylor, Lafferty, and Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 1129

PRLP 2011 Holdings LLC v. Manuel Media Villa, Inc.

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

Citation:

BAP NOS. PR 16-053, PR 16-056. Bank. Case No. 13-02800-MCF (1st Circuit, Jun 16,2017) Published

Case Status:

Reversed and Remanded

Ruling:

The bankruptcy court made erroneous factual findings and committed a legal error with respect to the threshold issue of whether there was a valid, binding, and enforceable settlement agreement...

Judge(s):

Feeney, Finkle and Fagon

Tag(s):

• 1st Circuit
• Claims
• Plan Confirmation
• Business Reorganization
• Real Estate
• Rule 9023
• Rule 7052
• 11 U.S.C § 1126
• 11 U.S.C § 1129

Diwan, L.L.C. v. Maha-Vishnu Corp. (In re Diwan, L.L.C.)

• Summarized by Lars Fuller , BakerHostetler
• 6 years 7 months ago

Citation:

No. 16-1317 (8th Circuit, Nov 16,2017) Published

Case Status:

Affirmed

Ruling:

Eighth Circuit affirmed district court (S.D. Iowa), which affirmed bankruptcy court orders denying confirmation and dismissing chapter 11 case. Debtor's plan subordinating secured claim to sole...

Judge(s):

Colloton, Beam, Gruender

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Claims
• Professional Practice Areas
• Business Reorganization
• Real Estate
• 11 U.S.C § 1129

Zachary, et al. v. California Bank & Trust

• Summarized by Isaac Rothschild , Mesch Clark Rothschild
• 7 years 8 months ago

Citation:

Ninth Circuit Court of Appeals - No. 13-16402

Ruling:

The absolute priority rules applies in individual Chapter 11 cases. The exception created by BAPCPA only applies to property acquired by the debtor after the commencement of the case.

Judge(s):

Hurwitz, Paez, Murguia

Tag(s):

• 9th Circuit
• Plan Confirmation
• 11 U.S.C § 1115
• 11 U.S.C § 1129
• 11 U.S.C § 541

Village Green I, GP v. Federal National Mortgage Assoc. (In re Village Green I, GP)

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 7 years 8 months ago

Citation:

File Name 16a0018p.06; Docket No. 14-6521

Ruling:

Affirming the District Court for the Western District of Tennessee, the Sixth Circuit held that the single-asset real estate debtors' plan was not filed in good faith, and upheld dismissal of the...

Judge(s):

Guy, Moore and Kethledge; opinion by Kethledge

Tag(s):

• 6th Circuit
• Business Reorganization
• Plan Confirmation
• Real Estate
• 11 U.S.C § 1129
• § 1124

FB Acquisition Property I, LLC v. Gentry (In re Gentry)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 7 years 9 months ago

Citation:

FB Acquisition Property I, LLC v. Gentry, et al. (In re Gentry), Case No. 14-1441 (10th Cir. December 8, 2015). Published.

Ruling:

To be confirmed, a Chapter 11 plan must be feasible and a feasible plan is not a guarantee of success but rather offers a reasonable assurance of success. Further, the general rule under Colorado...

Judge(s):

Kelly, Hart, Gorsuch (Kelly)

Tag(s):

• 10th Circuit
• Plan Confirmation
• 11 U.S.C § 1129

In re Tribune Media Company

• Summarized by Fred Ringel , Leech Tishman Robinson Brog PLLC
• 8 years 1 month ago

Citation:

In re Tribune Media Company, Case Nos. 14-3332 and 14-3333 (3d Cir. August 19, 2015)

Ruling:

The Court determined that Aurelius’s appeal, which would undo a crucial component of the plan, the settlement of LBO related causes of action that were the economic underpinning of the plan upon...

Judge(s):

AMBRO, VANASKIE, and SHWARTZ, Circuit Judges

Tag(s):

• 3rd Circuit
• Plan Confirmation
• Venue/Jurisdiction
• 28 USC 158
• 11 U.S.C § 1129

JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Prop. Inc. (In re Transwest Resort Prop. Inc.)

• Summarized by Joel Newell , Spencer Fane, LLP
• 8 years 3 months ago

Citation:

Ninth Circuit Court of Appeals Case No. 12-17176 (July 1, 2015)

Ruling:

The Ninth Circuit Court of Appeals reversed and remanded the district court's decision dismissing on equitable mootness grounds an appeal from bankruptcy court's order confirming a chapter 11 plan...

Judge(s):

Honorable J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• 11 U.S.C § 1122
• 11 U.S.C § 1126
• 11 U.S.C § 1129
• § 1111

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