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)
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)
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)
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...
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
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
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...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 9 months ago
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.
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...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 1 month ago
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...
