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IN RE: JOHN FLISS

Summarizing by Shane Ramsey

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In re: VICTORIA M. GEWALT,

Citation:
BAP No. EC-21-1172-TBG (9th Circuit, Feb 02,2022) Not Published
Case Status:
Reversed and Remanded
Ruling:
A Subchapter V plan cannot be confirmed unless it complies with 11 U.S.C. § 1123(b)(5). Thus, the debtor's plan, which did not require the reorganized debtor to make periodic payments to a...
Judge(s):
TAYLOR, BRAND, and GAN, Bankruptcy Judges
Tag(s):

IN RE: MARITIME COMMUNICATIONS/LAND MOBILE L.L.C.

  • Summarized by Aaron Kaufman , Gray Reed & McGraw LLP
  • 4 years 11 months ago
Citation:
17-60742 (5th Circuit, Dec 20,2018) Not Published
Case Status:
Affirmed
Ruling:
Affirmed the dismissal of claimant's appeal of a confirmed chapter 11 plan because appellant failed to demonstrate "person aggrieved" bankruptcy standing. Claimant filed a proof of claim in the...
Judge(s):
Per Curiam (Smith, Wiener, Willett)
Tag(s):

Fla. Agency for Health Care Admin. v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC)

Citation:
Florida Agency for Health Care Administration, United States of America v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC), Case No. 15-13731 (11th Cir. July 11, 2016).
Ruling:
The Eleventh Circuit held that the bankruptcy court erred as a matter of law when it exercised subject matter jurisdiction over certain provider agreements. By virtue of Medicare’s...
Judge(s):
Hull, Carnes, and Clevenger, Circuit Judges
Tag(s):

Heritage Bank v. Woodward (In re Woodward)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 8 years 3 months ago
Citation:
Heritage Bank v. Woodward (In re Woodward), Case No 15-6001 (8th Cir. B.A.P. August 13, 2015)
Ruling:
Creditor whose claim was allowed after litigation of an objection was an allowed claim for purposes of voting and plan confirmation and creditor could not argue that creditor was not a "creditor"...
Judge(s):
Federman, Schermer, and Shodeen
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
  • 8 years 6 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):

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
  • 8 years 8 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):

US v. Villalobos (In re Villalobos)

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 9 years 9 months ago
Citation:
BAP No. NV-13-1179-JuKiTa; Bk Nos. 10-52248, 10-52249, 10-52251, 10-52252; (not appropriate for publication)
Ruling:
Though the Ninth Circuit BAP found that a confirmed chapter 11 plan had been substantially consummated, the BAP nevertheless reversed the Bankruptcy Court's confirmation order.
Judge(s):
JURY, KIRSCHER and TAYLOR, Bankruptcy Judges
Tag(s):

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