(1)Bankruptcy court had post-confirmation jurisdiction to adjudicate dispute over interpretation of contract assumed by debtor during bankruptcy-if Netflix had been permitted to stream films before...
Judge(s):
Reena Raggi and Raymond J. Lohler, Jr., Circuit Judges, and Joan M. Azrack, District Judge for E.D.N.Y. sitting by designation
In determining a monetary damages award in an arbitration between two non-debtors, a court can value a capital account held by a debtor in bankruptcy since a money judgment based on that valuation...
In five paragraph order, 7th Circuit dismissed appeal and remanded on motion of appellant, after parties agreed to terms of settlement following mediation. Appellant filed motion to dismiss appeal...
Affirming the district and bankruptcy court judgments/orders, the Second Circuit held, inter alia, (1) debtors' negotiations with union, as "authorized representative" of employees, complied with...
Judge(s):
D. Jacobs, R. Lohier, G. Crawford (sitting by designation)
In a unanimous decision, a three judge panel of the United States Court of Appeals for the Fourth Circuit confirmed that judicial review of arbitration awards is “severely circumscribed” and...
Judge(s):
Judge Keenan wrote the opinion in which Chief Judge Traxler and Judge Gregory joined.
Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
10 years 11 months ago
Citation:
Moses v. Cashcall, Inc., 2015 U.S. App. LEXIS 4098 (4th Cir. 2015)
Ruling:
Affirmed in part, reversed in part, and remanded with instructions by per curiam opinion:
"This bankruptcy appeal presents the issue of whether two claims, one for declaratory relief and one for...
Judge(s):
Before: Circuit Judges Paul v. Niemeyer and Roger L. Gregory, and Senior Circuit Judge Andre M. Davis
AFFIRMING the district court's reversal of the bankruptcy court's order, the Seventh Circuit Court of Appeals held that the district court was correct in denying the discharge of Ruben’s debt for...
United States v. The Coeur D'Alenes Company, Case 12-36065 (9th Cir. September 16, 2014)
Ruling:
The district court did not abuse its discretion in failing to consider comparative fault and focusing solely on a company's limited ability to pay in assessing the fairness of a CERCLA consent...
Judge(s):
Circuit Judges A. Wallace Tashima and Mary H. Murguia; District Judge Cormac J. Carney, sitting by designation
Joint Administrators for Nortel Networs, No. 13-2739
Ruling:
The U.S. Court of Appeals for the Third Circuit in Philadelphia upheld bankruptcy court ruling that there was never an agreement to use arbitration to divide estate assets.
No. 10–20038 (B.A.P. 9th Cir. Aug. 20, 2013) (not for publication)
Ruling:
Affirming the order of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel of the Ninth Circuit held that a settlement between the trustee and the Federal Deposit Insurance Corporation...
