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ROSELLE v BERGER & MONTAGUE, P.C.

Summarizing by Bradley Pearce

IN RE: ENERGY FUTURE HOLDINGS CORP., et al,

Citation:
18-1109 (3rd Circuit, Sep 13,2018) Published
Case Status:
Affirmed
Ruling:
Majority holds the bankruptcy court did not abuse its discretion to reconsider its prior order, entered a year earlier, approving a break-up fee under a merger agreement. The order approving the...
Judge(s):
Greenaway, Jr. (author for majority), Fuentes, and Rendell (dissenting)
Tag(s):

de Jong v. JLE-04 Parker, L.L.C.

Citation:
AZ-17-1280-FSBa and AZ-17-1292-FSBa (9th Circuit, Aug 03,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The "rule of mandate," which requires that a trial court quote adhere to the appellate court's decision, does not prohibit a trial court from addressing issues that were not decided by the...
Judge(s):
FARIS, SPRAKER, and BASON (sitting by designation)
Tag(s):

Boruff v. Cook Inlet Energy LLC

Citation:
AK-17-1285-JuBL (9th Circuit, Apr 24,2018) Published
Case Status:
Affirmed
Ruling:
The amount of compensation determined under a prepetition employment contract that is rejected is not presumptive evidence for the officer's or employee's section 506(b)(1)(A)(i) administrative...
Judge(s):
JURY*, BRAND, and LAFFERTY (*sitting by assignment)
Tag(s):

IN RE: JFK CAPITAL HOLDINGS, L.L.C

Citation:
16-31151 (5th Circuit, Jan 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Concerning Chapter 7 trustee fees, the Fifth Circuit rejected the rule that Section 326 is merely a statutory cap on fees that may be awarded to chapter 7 trustees. Instead, the Court held that...
Judge(s):
Reavley, Southwick and Haynes
Tag(s):

In re World Imports, Ltd., et al.

Citation:
16-1357 (3rd Circuit, Jul 10,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Based on (I) the ordinary, dictionary meaning of the word, "received", (II) the context of section 503(b)(9) being an exemption to the general bankruptcy reclamation scheme established by section...
Judge(s):
HARDIMAN, KRAUSE, Circuit Judges, and STENGEL, District Judge from the Eastern District of Pennsylvania
Tag(s):

Gupta v. Quincy Medical Center

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):

McGarry & McGarry, LLC v. Rabobank, N.A.

Citation:
16 C 5978 (7th Circuit, Jan 26,2017) Not Published
Case Status:
Affirmed
Ruling:
Contracts between the trustee, his administrative servicer, and his bank, did not violate section 1972(1)(E) of the Bank Holding Company Act because the plaintiff could not show that the contracts...
Judge(s):
Posner, Manion, Williams
Tag(s):

Kun v. Mansdorf (In re Woodcraft Studios, Inc.)

Citation:
In re Woodcraft Studios, Inc., No. NC-15-1143-WJuKu (9th Cir. B.A.P. July 22, 2016). Not-for-publication memorandum.
Ruling:
After a bankruptcy court has denied a request for compensation by the attorney for a debtor in possession, the attorney’s proof of claim for the denied compensation may also be disallowed.
Judge(s):
Madeleine C. Wanslee, Bankruptcy Judge for the District of Arizona, sitting by designation, and Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges.
Tag(s):

Jeffrey P. White and Associates, P.C. v. Fessenden

Citation:
United States Bankruptcy Appellate Panel for the First Circuit, BAP No. EP 15-043, April 14, 2016
Ruling:
Reversing and remanding, the First Circuit BAP concluded that Harris v. Viegelahn, 135 S.Ct. 1829 (2015), which held that plan payments made by a chapter 13 debtor from his post-petition wages and...
Judge(s):
Boroff, Godoy, and Finkle
Tag(s):

Kingdom Fresh Produce, Inc., et al. v. Stokes Law Office, L.L.P. (In the Matter of Delta Produce, L.P.)

Citation:
No. 14-51079 Fifth Circuit Court of Appeals
Ruling:
Attorney could not be paid his fees and expenses allocable to an objecting PACA claimant as 7 U.S.C. § 499e(c)(2) requires that buyers of perishable agricultural commodities must hold receivables...
Judge(s):
Before REAVLEY, PRADO, and COSTA, Circuit Judges.
Tag(s):

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