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In re: DIANN MARIE CATES

Summarizing by Lars Fuller

Timothy Ellis v. Westinghouse Electric CO, LLC.

Citation:
20-2867 (3rd Circuit, Aug 30,2021) Published
Case Status:
Reversed
Ruling:
The Third Circuit Court of Appeals, reversing the U.S. District Court, held that an individual creditor's post-confirmation, pre-effective date administrative expense claim was bound by the terms...
Judge(s):
AMBRO, GREENAWAY, JR., and BIBAS
Tag(s):

UTIER v. PREPA

Citation:
20-2041 (1st Circuit, Aug 12,2021) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirms the Title III Court's ruling allowing certain expenses incurred by PREPA under a post petition contract to transfer the operations and management of PREPA to a private...
Judge(s):
Howard, Lynch, and Kayatta
Tag(s):

Jill Bednar v. Rick Warren

Citation:
20-041, 20-042 (10th Circuit, Apr 27,2021) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Tenth Circuit’s Bankruptcy Appellate Panel (BAP) held that the 1881 Barton doctrine, designed, at least in the Tenth Circuit, to ensure other courts do not intervene in an estate’s...
Judge(s):
Michael E. Romero; Dale L. Somers; and Cathleen D. Parker
Tag(s):

In re Hsin-Shawn Cyndi Sheng

Citation:
BAP No. EC-19-1317-TLS (9th Circuit, Nov 05,2020) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's decision to award an administrative expense claim to the tenant of the individual chapter 7 debtor after the trustee had...
Judge(s):
TAYLOR, LAFFERTY, and SPRAKER
Tag(s):

In re S.S. Body Armor Inc.

Citation:
Nos. 19-2313, 19-2314, 19-2315 and 19-2316 (3rd Circuit, Jun 04,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
First, the Court reversed the Bankruptcy Court's finding that appellant was entitled to a contingent fee award for objecting to a derivative action settlement and thereby improving the outcome, and...
Judge(s):
Circuit Judges Restrepo, Roth, and Fisher
Tag(s):

USA v. John Chesteen, Jr.

Citation:
19-30195 (5th Circuit, Feb 20,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Shared-Responsibility payments (i.e., the individual mandate) under the pre-2017 version of the Affordable Care Act were not "excise taxes" entitled to priority treatment under 11 USC...
Judge(s):
Owen, Barksdale and Duncan
Tag(s):

Nabors Offshore Corporation v. Whistler Energy II, LLC

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):

Cranberry Growers Cooperative v. Patrick Layng

Citation:
No. 1:17-bk-13318-cjf (7th Cir. July 17, 2019) (7th Circuit, Jul 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the ruling below, the Seventh Circuit found "disbursement" to be an "expansive term" covering all payments made by or for a debtor, including direct payments to revolving lines of credit....
Judge(s):
Ripple, Manion, Sykes
Tag(s):

In re Roberson

Citation:
17-8041 (6th Circuit, May 30,2019) Not Published
Case Status:
Affirmed
Ruling:
In an opinion designated as precedential only to the parties, the Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the Bankruptcy Court ruling that a landlord's claim for residential rent...
Judge(s):
Buchanan, Dales and Humphrey, opinion by Buchanan
Tag(s):

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