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...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
9 years 8 months ago
Citation:
-- F.3d -- (6/26/16)
Ruling:
The Ninth Circuit BAP characterized the pre-petition legal agreement as an executory agreement, and as such, the case had to be remanded to determine the date the executory agreement was...
The Sixth Circuit held that the Chapter 7 trustee could not compel the turnover under Section 542 of a "good faith" deposit made by the debtor/purchaser pre-petition as part of a real estate...
Determining the term of a lease at a hearing on a motion to assume the lease, as opposed to requiring a separate adversary proceeding, was harmless error because the parties fully briefed the issue...
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
11 years 12 months ago
Citation:
Phoenix, LLC v. The Alameda Liquidating Trust (In re Alameda Investments, LLC), BAP No. CC-13-1333-PaTaKu (9th Cir. BAP Mar. 5, 2014) (unpublished)
Ruling:
The Ninth Circuit BAP affirmed the bankruptcy court's order determining that the Appellee liquidating trust succeeded to the entire interest in an LLC held by the chapter 11 debtor and that the...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
12 years 2 months ago
Citation:
12-3133
Ruling:
The 7th Circuit Court of Appeals refused to interpret ambiguous language in a District Court Opinion as an injunction. On that basis, and since issuing an opinion would require weighing in on many...
Summarized by Manuel Arreaza , Consumer Financial Protection Bureau
12 years 5 months ago
Citation:
In re AMR Corp., No. 13-1204, 2013 WL 4840474 (3d Cir. Sept. 12, 2013).
Ruling:
The panel for the Second Circuit denied U.S. Bank’s appeal from bankruptcy court decisions authorizing Debtors AMR and American Airlines to obtain postpetition financing and to repay certain...
