Home » 363

Reach, Incorporated v. J. Smith

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 2 weeks 4 days ago
Citation:
19-60175 (5th Circuit, Nov 20,2019) Not Published
Case Status:
Affirmed
Ruling:
Adding judicial gloss to its earlier Sneed Shipbuilding decision, the Court explained that not all appeals are statutorily moot under 363(m), particularly where there is no evidence of "mutual...
Judge(s):
King, Graves, Willett (per curiam)
Tag(s):

IN RE: WALTER ENERGY, INC.

Citation:
16-13483 (11th Circuit, Dec 27,2018) Published
Case Status:
Affirmed
Ruling:
In affirming the district court's ruling, the Eleventh Circuit held that the bankruptcy court had the authority to modify the premiums that Walter Coal owed to two funds which it established to...
Judge(s):
Martin, Jill Pryor and Anderson
Tag(s):

IN RE: PROVIDER MEDS, L.L.C.

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 1 year 1 month ago
Citation:
17-11113 (5th Circuit, Oct 29,2018) Published
Case Status:
Affirmed
Ruling:
Court concluded that the non-exclusive patent licenses were "executory contracts" that were deemed rejected by operation of law 60 days after conversion of the cases from chapter 11 to chapter 7. ...
Judge(s):
Higginbotham, Smith and Graves
Tag(s):

Gupta v. Quincy Medical Center

  • Summarized by William Amann , Braucher & Amann, PLLC
  • 2 years 6 months ago
Citation:
USCA, First Circuit, No. 15-1183 (1st Circuit, Jun 02,2017) Not Published
Case Status:
Affirmed
Ruling:
In short, Appellants' claims do not fit into the narrow category of matters that "have no existence outside of the bankruptcy," In re Middlesex Power Equip. & Marine, Inc., 292 F.3d at 68, or...
Judge(s):
Zobel (Trial), Howard, Souter and Lipez, USCA-1st Circuit
Tag(s):

Adeli v. Barclay (In re Berkley Delaware Court, LLC)

  • Summarized by Thomas Phinney , Parkinson Phinney
  • 3 years 3 months ago
Citation:
9th Cir. Case No. 14-55854 (August 23, 2016)
Ruling:
An appeal of a hybrid compromise/sale order was moot under § 363(m) where debtor did not obtain stay pending appeal and the bankruptcy court did not clearly err in determining that the creditor...
Judge(s):
Raymond C. Fisher, Milan D. Smith, Jr., and Jacqueline H. Nguyen, Circuit Judges
Tag(s):

Peet v. Checkett (In re Peet)

  • Summarized by Lars Fuller , BakerHostetler
  • 4 years 7 months ago
Citation:
Peet v. Checkett (In re Peet), No. 14-6033 (BAP 8th Cir. Apr. 22, 2015)
Ruling:
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court overruling debtors' objection to chapter 7 trustee's motion to sell real estate and a pickup. BAP agreed that notwithstanding...
Judge(s):
Kressel, Schermer, Nail
Tag(s):

Baker v. Baker (In the Matter of Baker)

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 4 years 9 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):

Kallman & Co. v. Gottlieb (In re Lewis)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 5 years 3 months ago
Citation:
Kallman & Co. v. Gottlieb (In re Lewis), BAP No. CC-13-1367-TaDKi, 2014 WL 4099248, --- B.R. --- (B.A.P. 9th Cir. Aug. 20, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the United States Bankruptcy Court for the Central District of California’s (the “Bankruptcy Court”) order...
Judge(s):
Taylor, Dunn, and Kirscher, Bankruptcy Judges
Tag(s):

KVN Corporation, Inc. v. Green (In re KVN Corporation)

  • Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
  • 5 years 4 months ago
Citation:
KVN Corporation, Inc. v. Green (In re KVN Corporation), B.A.P. No. NC-13-1318 (9th Cir. B.A.P., July 29, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit vacated and remanded the decision of the Bankruptcy Court denying approval of a carve out agreement between the Chapter 7 trustee and the secured...
Judge(s):
Jury, Kurtz and Dunn, Bankruptcy Judges
Tag(s):

DeGiacomo v. Traverse (In re Traverse)

  • Summarized by Guy Moss , Riemer & Braunstein LLP
  • 5 years 6 months ago
Citation:
United States Court of Appeals for the First Circuit, No. 13-9002 (May 23, 2014)
Ruling:
Reversing the lower courts, the First Circuit concluded that when an undefaulted mortgage lien is avoided and preserved for the benefit of the Estate under Code sec. 551, and when the value of the...
Judge(s):
Torruella, Howard and Kayatta
Tag(s):

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