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In re - HARLAN PAGE CONFER, III and CHARLOTTE CLUFF CONFER

Citation:
BAP No. EC-21-1140-TBG (9th Circuit, Mar 10,2022) Not Published
Case Status:
Reversed and Remanded
Ruling:
A contract to sell real property is no longer executory, regardless of what performance has not been completed, if a state court has entered an order compelling specific performance. Because a...
Judge(s):
TAYLOR, BRAND, and GAN, Bankruptcy Judges
Tag(s):

In re Dan Mazzola

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 4 years 11 months ago
Citation:
19-8007 (6th Circuit, Jan 28,2020) Not Published
Case Status:
Affirmed
Ruling:
Motion to Dismiss Chapter 11 Case denied where Creditor/Franchisor did not validly terminate franchise agreement pre-petition, affording Debtor opportunity to assume Franchise Agreement and...
Judge(s):
Buchanan, Harrison & Opperman
Tag(s):

In re: FirstEnergy Solutions Corp

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 5 years 3 weeks ago
Citation:
Nos. 18-3787/3788/4095/4097/4107/4110; File No. 19a0294p.06 (6th Circuit, Dec 12,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Sixth Circuit determined that the necessity of available and functional bankruptcy relief is generally superior to the necessity of Federal Energy Regulatory Commission's having complete or...
Judge(s):
Batchelder, Griffin and Donald
Tag(s):

Nabors Offshore Corporation v. Whistler Energy II, LLC

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 5 years 5 months ago
Citation:
18-30940 (5th Circuit, Jul 26,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
When can post-rejection damages be allowed as administrative expenses? The Court clarified: Claimant can prove "necessity" through "evidence of either a direct request from the...
Judge(s):
Higginson, Owen, Southwick
Tag(s):

IN RE; REVEL AC INC.

  • Summarized by David Banker , Womble Bond Dickinson
  • 6 years 3 weeks ago
Citation:
Case No. 17-3607 (UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT) (3rd Circuit, Nov 30,2018) Published
Case Status:
Affirmed
Ruling:
IDEA Boardwalk may reduce its rent obligations by certain amounts entitled to recoupment under the Lease, (1) because they “fall within the ambit of rights preserved under Code §...
Judge(s):
AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges
Tag(s):

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

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 6 years 2 months 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):

Mission product Holdings, Inc. v. Tempnology, LLC

  • Summarized by David Baker , Law Office of David G. Baker
  • 6 years 12 months ago
Citation:
16-9106 (1st Circuit, Jan 12,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court affirmed. BAP had affirmed in part and reversed in part.
Judge(s):
Kayatta (author) and Lynch, with Torruella concurring in part and dissenting in part.
Tag(s):

Gretter v. Greeter Autoland, inc. (In re Greeter Autoland, Inc.)

Citation:
16-3490 (8th Circuit, Jul 25,2017) Published
Case Status:
Dismissed
Ruling:
The appeal of the bankruptcy's denial of the debtors' motion to assume and assign automobile dealership agreements was moot because, among other reasons, the assignment would require the proposed...
Judge(s):
WOLLMAN, ARNOLD, GRUENDER
Tag(s):

Home Care Providers, Inc., et al v. Hemmelgarn

Citation:
16-2054, 16-3668, 16-3669 (7th Circuit, Jun 27,2017) Published
Case Status:
Reversed and Remanded
Ruling:
A dissolved preliminary injunction issued by a bankruptcy court could still be reviewed by the district court on appeal where the preliminary injunction resulted in Medicare reimbursement payments...
Judge(s):
BAUER, FLAUM, KANNE
Tag(s):

Gupta v. Quincy Medical Center

  • Summarized by William Amann , Amann Burnett, PLLC
  • 7 years 7 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):

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