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

• Summarized by Aaron Kaufman , Dykema Gossett PLLC
• 2 weeks 3 days 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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Health Care
• Rule 6004
• 363
• 365

Gupta v. Quincy Medical Center

• Summarized by William Amann , Braucher & Amann, PLLC
• 1 year 5 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):

• 1st Circuit
• Administrative Expense Claims
• Asset Sales
• Bankruptcy Litigation
• Claims
• Venue/Jurisdiction
• Business Reorganization
• Health Care
• Labor/Employment
• 363
• 365

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

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

• 9th Circuit
• Asset Sales
• 9019
• 363

Peet v. Checkett (In re Peet)

• Summarized by Lars Fuller , BakerHostetler
• 3 years 6 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):

• 8th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure
• 363
• 522
• 544

Baker v. Baker (In the Matter of Baker)

• Summarized by Aaron Kaufman , Dykema Gossett PLLC
• 3 years 8 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):

• 5th Circuit
• Asset Sales
• Bankruptcy Litigation
• Venue/Jurisdiction
• 105
• 363
• 541

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

• Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
• 4 years 2 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):

• 9th Circuit
• Consumer Bankruptcy
• Asset Sales
• Family/Divorce Issues
• Claims
• Rule 6004
• 363
• § 363

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

• Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
• 4 years 3 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):

• 9th Circuit
• Asset Sales
• 363
• 506
• 704

DeGiacomo v. Traverse (In re Traverse)

• Summarized by Guy Moss , Riemer & Braunstein LLP
• 4 years 5 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):

• 1st Circuit
• Consumer Bankruptcy
• Asset Sales
• Mortgage
• 363
• 522
• 551

Kim v. Dome Entertainment Ctr, Inc.

• Summarized by Aaron Kaufman , Dykema Gossett PLLC
• 4 years 7 months ago

Citation:

F.3d citation not yet available. Case No. 10-10882 (5th Cir. Apr. 9, 2014)

Ruling:

AFFIRMED district court’s ruling that federal law can trump Texas homestead exemptions to force the sale of the debtor’s homestead, notwithstanding the exemption rights of the non-debtor...

Judge(s):

HIGGINBOTHAM, OWEN, and HAYNES. Opinion by Priscilla R. Owen, Circuit Judge.

Tag(s):

• 5th Circuit
• Consumer Bankruptcy
• Mortgage
• Legislation
• Real Estate
• 363
• 522

Friedman's Liquidating Trust v. Roth Staffing Companies LP

• Summarized by Ferve Ozturk , BakerHostetler
• 4 years 10 months ago

Citation:

No. 13-1712 (3rd Cir. Oct. 17, 2013)

Ruling:

- Debtor’s post-petition payment pursuant to a first-day wage order does not affect the calculation of preference liability and the new value defense. - Statutory language is not clear but...

Judge(s):

Rendell, Jordan, Lipez

Tag(s):

• 3rd Circuit
• Preferences
• 105
• 363
• 547

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