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In re Renewable Energy, Inc., BAP No. WW-15-1089-KuJuTa (9th Cir. B.A.P. Dec. 9, 2016)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 3 months ago
Citation:
WW-15-1089-KuJuTa (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

Debtor bar-operator’s failure to obtain liquor-liability insurance warranted conversion to chapter, rather than dismissal, of its chapter 11 case.

Judge(s):
Frank L. Kurtz, Meredith A. Jury, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
Tag(s):

Soames Lane Trust v. Gonzalez (In re Soames Lane Trust)

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. CC-16-1042-FDKu (Aug. 8, 2016)
Ruling:
Judicial estoppel precluded a debtor that had argued in response to a motion to convert or dismiss its case that it was a business trust eligible to file for bankruptcy protection from subsequently...
Judge(s):
Faris, Dunn & Kurtz
Tag(s):

Grego v. U.S. Trustee (In re Grego)

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 10 years 9 months ago
Citation:
BAP No. EC-14-1067-KuPaJu/Bk. No. 14-20064 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP vacated the Bankruptcy Court's order converting the chapter 11 case to chapter 7 and remanded the case to the Bankruptcy Court to consider whether, as an alternative to...
Judge(s):
KURTZ, PAPPAS and JURY, Bankruptcy Judges
Tag(s):

Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.)

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 10 years 9 months ago
Citation:
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and...
Judge(s):
Hardiman, Scirica, and Barry, Circuit Judges
Tag(s):

Wortley v. Chrispus Venture Capital, LLC (In re Global Energies, LLC)

Citation:
Wortley v. Chrispus Venture Capital, LLC (In re Global Energies, LLC), Case No. 13-11666 (11th Cir. Aug. 15, 2014) (unpublished) (per curiam).
Ruling:
The Eleventh Circuit held that the bankruptcy court abused its discretion and applied the incorrect legal standard in denying Joseph G. Wortley’s (“Wortley”) Rule 60(b)(2) motion to set aside...
Judge(s):
Fay, Circuit Judge, and Hodges and Huck, District Judges.
Tag(s):

Kenny G Enterprises v. Casey (In re Kenny G Enterprises)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 11 years 7 months ago
Citation:
9th Cir. BAP (No. CC-13-1527-KiTaPa), August 20, 2014 (unpublished)
Ruling:
The bankruptcy court's order converting a postconfirmation chapter 11 case to chapter 7 was affirmed: the bankruptcy court had power sua sponte to convert the case, the Debtor received sufficient...
Judge(s):
KIRSCHER, TAYLOR and PAPPAS, Bankruptcy Judges.
Tag(s):

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