Now Updating
In re Khabushani

Summarizing by Amir Shachmurove

Loughran v. Wells Fargo Bank, N.A.

Summarizing by Sarah Tomlinson

In re Mensonides Dairy LLC

Citation:
20-1105 (9th Circuit, Dec 10,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Eastern District of Washington (BC) that the debtors had not defaulted under...
Judge(s):
Julia W. Brand; Scott H. Gan; and Robert J. Faris
Tag(s):

In re Leonard Mosher

Citation:
19-8073 (10th Circuit, Oct 27,2020) Not Published
Case Status:
Affirmed
Ruling:
Affirming an order forcibly converting a chapter 11 case to chapter 7, the Tenth Circuit held that the test for determining whether a debtor is a farmer under §101(2) concerns only the debtor’s...
Judge(s):
Lucero, Holmes, Eid
Tag(s):

The PACA Trust Creditors v. Genecco Produce Inc.

Citation:
17-1949-cv, 17-2051-cv (2nd Circuit, Jan 09,2019) Published
Case Status:
Affirmed
Ruling:
Defendant in PACA action, which was both a supplier to, and a buyer of, produce from the debtor, was not entitled to a complete offset of such mutual obligations existing on the bankruptcy filing...
Judge(s):
Sack, Raggi, and Chin, Circuit Judges
Tag(s):

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

Citation:
14-51079 (5th Circuit, Dec 21,2016) Published
Case Status:
Affirmed
Ruling:

This is a follow up opinion in response to the Appellees request for a rehearing. It reiterates the prior holding and also rules that estoppel and waiver do not apply here.

Judge(s):
REAVELEY, PRADO and COSTA
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):

Davis v. U.S. Bank, N.A. (In re Davis)

Citation:
Davis v. U.S. Bank, N.A. (In re Davis), No. 12-60069 (9th Cir. Feb. 17, 2015)
Ruling:
The 9th Circuit affirmed the ruling of the BAP, which had affirmed the ruling of the bankruptcy court, dismissing debtor's chapter 12 bankruptcy because debtor's debts exceeded the statutory limit....
Judge(s):
Graber, Gould, Callahan
Tag(s):

Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

Citation:
Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to...
Judge(s):
KIRSCHER, DUNN and JURY, Bankruptcy Judges
Tag(s):

Agri Star Meat & Poultry, LLC v. Nevel Properties Corp.

Citation:
Agri Star Meat & Poultry, LLC v. Nevel Properties Corp., 8th Cir. Court of Appeals, No. 13-1161, August 28, 2014
Ruling:
The 8th Circuit Court of Appeals upheld the ruling by the 8th Circuit district court and the bankruptcy court which concluded that SHF did not have any rights to a well located on land owned by...
Judge(s):
RILEY, Chief Judge, MELLOY and BENTON, Circuit Judges.
Tag(s):

Sunshine Heifers, LLC v. Citizens First Bank (In re Purdy)

Citation:
No. 13-6412 (6th Cir. Aug. 14, 2014)
Ruling:
Reversing the bankruptcy court, the Sixth Circuit Court of Appeals held that dairy cow leases were true lease agreements, as opposed to disguised security agreements and, thus, lessor's...
Judge(s):
Circuit Judges Moore and Cole, and District Judge Drain
Tag(s):

Bank of England v. Rice (In re Webb)

Citation:
Eighth Circuit Court of Appeals Docket No. 13-1495
Ruling:
Affirming the decision of the District Court for the Eastern District of Arkansas, which had affirmed the ruling of the Bankruptcy Court for the Eastern District of Arkansas, the Eighth Circuit...
Judge(s):
Loken, Murphy and Smith; Opinion by Murphy.
Tag(s):

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