Mission Product Holdings v. Schleicher and Stebbings Hotels LLC

• Summarized by David Baker , Law Office of David G. Baker
• 4 years 3 months ago

Citation:

19-9004 (1st Circuit, Oct 01,2020) Published

Case Status:

Affirmed

Ruling:

Appellate mootness rejected and bankruptcy court affirmed on the merits.

Judge(s):

Howard, C.J.; Selya; and Kayatta (author)

Tag(s):

• 1st Circuit
• Asset Sales
• Automatic Stay
• Bankruptcy Litigation
• Executory Contracts/Leases
• Practice and Procedure
• Venue/Jurisdiction
• Business Reorganization
• 7016
• 9014
• §§362
• 363
• 365(n)

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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Claims
• Executory Contracts/Leases
• 4001
• 9014
• 503
• 365

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):

• 1st Circuit
• Bankruptcy Litigation
• Executory Contracts/Leases
• Business Reorganization
• First-day Motions
• 9014
• 365

Rivera v. Bank of America

• Summarized by Aaron Kaufman , Gray Reed LLP
• 9 years 8 months ago

Citation:

Case No. 14-40837. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 74.5.4.

Ruling:

Affirmed district court's summary judgment in favor of mortgage lender. Four-year statute of limitations to foreclose on residential real property after first accelerating the note did not bar the...

Judge(s):

Per Curiam (Prado, Owen, Graves)

Tag(s):

• 5th Circuit
• Consumer Bankruptcy
• Mortgage
• 9014
• § 362

Lucas v. Dynegy Inc. (In re Dynegy, Inc.)

• Summarized by Ferve Ozturk , BakerHostetler
• 9 years 11 months ago

Citation:

No. 13-2581, Slip Op. (2d Cir. Oct. 31, 2014)

Ruling:

The circuit court affirmed the district court's ruling that the appellant lacked standing to opt out of or object to the reorganization plan on behalf of a putative class in a separate securities...

Judge(s):

Murtha, J. (sitting by designation); Walker, J.; Hall, J.

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• 9014

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