Michael Collins v. Tenn. Dep't of Revenue (In re Faye Foods, Inc.)

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 1 month 2 weeks ago

Citation:

18-5378/5386 (6th Circuit, Mar 06,2019) Not Published

Case Status:

Affirmed

Ruling:

The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...

Judge(s):

Daughtrey, Gibbons and Griffin; Opinion by Gibbons

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Claims
• Professional Practice Areas
• Bankruptcy Taxation
• 11 U.S.C § 105
• 503
• 507
• 524

Connolly v. Morreale (In re Morreale)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 2 months 2 weeks ago

Citation:

BAP No. CO-18-063 (10th Circuit, Jan 22,2019) Published

Case Status:

Affirmed

Ruling:

Chapter 7 trustee, who had obtained an order in the Chapter 11 case of debtor's single-member LLC substituting himself for debtor as manager of LLC and authorizing him to manage and operate LLC's...

Judge(s):

Nugent, Michael, and Somers

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Professional Compensation/Fees
• 11 U.S.C. 362(a); 11 U.S.C. 3330

IN RE; REVEL AC INC.

• Summarized by David Banker , CKR Law LLP
• 4 months 1 week 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):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Asset Sales
• Bankruptcy Litigation
• Claims
• Executory Contracts/Leases
• Professional Practice Areas
• Business Reorganization
• Hospitality, Entertainment Venues and Gaming
• Real Estate
• Retail
• 365

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

• Summarized by Valerie Hamilton , Sills Cummis & Gross PC
• 7 months 2 days ago

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):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure
• Business Reorganization
• Rule 9023
• 503(b)

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

• Summarized by Bradley Pearce , Pearce Law PLLC
• 8 months 1 week ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Claims

Boruff v. Cook Inlet Energy LLC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 11 months 3 weeks ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims

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

• Summarized by Aaron Kaufman , Dykema Gossett PLLC
• 1 year 2 months ago

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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Practice and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Rule 2016
• 326
• 330

In re World Imports, Ltd., et al.

• Summarized by Gregory Guest , Dickinson Wright, PLLC
• 1 year 9 months ago

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):

• 3rd Circuit
• Administrative Expense Claims
• Claims
• Business Reorganization
• 11 U.S.C. § 503(b)(9)
• 546(c)

Gupta v. Quincy Medical Center

• Summarized by William Amann , Braucher & Amann, PLLC
• 1 year 10 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

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

• Summarized by Kurt Carlson , Carlson Dash LLC
• 2 years 2 months ago

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):

• 7th Circuit
• Administrative Expense Claims
• Claims
• Court Administration
• Practice and Procedure
• Professional Compensation/Fees

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