Offcl Comm v. Walker Cty Hospital Corp.

Citation:
Case: 20-20572 (5th Circuit, Jul 12,2021) Published
Case Status:
Affirmed
Ruling:
A creditor disputes last-minute modifications to the terms of a bankruptcy sale. The Court ruled that § 363(m) forecloses the creditor’s appeal because it failed to seek the required stay of the...
Judge(s):
Jolly, Duncan, and Oldham, Circuit Judges
Tag(s):

In re Weinstein Company Holdings LLC

Citation:
20-1878 (3rd Circuit, May 21,2021) Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the District Court and the Bankruptcy Court's decision that certain "Investment Agreements" were not "Purchased Assets" assigned to Spyglass Media Group,...
Judge(s):
AMBRO, KRAUSE, and PHIPPS
Tag(s):

In re Orexigen Therapeutics, Inc.

Citation:
20-1136 (3rd Circuit, Mar 19,2021) Published
Case Status:
Affirmed
Ruling:
"Mutuality," as that term is used in 553 of the Bankruptcy Code, is a distinct statutory requirement that cannot be expanded by contractual or state law concepts of setoff. "Mutuality" means only...
Judge(s):
Jordan, Krause, and Restrepo
Tag(s):

In re GigaWatt

Citation:
20-1156 (9th Circuit, Jan 29,2021) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the order of the U.S. Bankruptcy Court for the Eastern District of Washington (BC) denying a creditor’s motion for...
Judge(s):
Robert J. Faris; Julia W. Brand; and Scott H. Gan
Tag(s):

Mission Product Holdings v. Schleicher and Stebbings Hotels LLC

Citation:
19-9004 (1st Circuit, Oct 01,2020) Published
Case Status:
Affirmed
Ruling:
Appellate mootness rejected and bankruptcy court affirmed on the merits.
Judge(s):
Howard, C.J.; Selya; and Kayatta (author)
Tag(s):

Michael Holland, et al v. Westmoreland Coal Company

Citation:
19-20066 (5th Circuit, Aug 04,2020) Published
Case Status:
Affirmed
Ruling:
In reconciling provisions of the Coal Act and the Bankruptcy Code, the Fifth Circuit agrees with the Eleventh Circuit that a debtor coal company's payment obligations under the Coal Act may be...
Judge(s):
Costa, Davis, Smith
Tag(s):

Murray Kentucky Energy, Inc. v. Ceralvo Holdings, LLC.

Citation:
19-6038 (8th Circuit, Apr 23,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed ruling of bankruptcy court (ED Missouri - St. Louis) denying asset purchasers' motion to enforce order confirming the debtors’ plan of reorganization and seeking to...
Judge(s):
Saladino, Nail, Sanberg
Tag(s):

In re The Sunshine Group

Citation:
BAP Nos. CC-19-1105-GSL; CC-19-1106-GSL; CC-19-1107-GSL (9th Circuit, Apr 10,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed rulings of bankruptcy court (CD Cal.) denying motion to sell property free and clear and dismissing chapter 11 case based on findings that debtor filed the petition in...
Judge(s):
Gan, Spraker, Lafferty
Tag(s):

Rai v. Henderson (In re VCR I, LLC)

Citation:
19-60163 (5th Circuit, Dec 19,2019) Not Published
Case Status:
Affirmed
Ruling:
Affirmed the dismissal of appeal as statutorily moot under 11 USC 363(m). The record amply supported the bankruptcy court's findings that the purchasers were "good faith" purchasers, despite...
Judge(s):
Owen, Haynes and Costa (per curiam)
Tag(s):

Reach, Incorporated v. J. Smith

Citation:
19-60175 (5th Circuit, Nov 20,2019) Not Published
Case Status:
Affirmed
Ruling:
Adding judicial gloss to its earlier Sneed Shipbuilding decision, the Court explained that not all appeals are statutorily moot under 363(m), particularly where there is no evidence of "mutual...
Judge(s):
King, Graves, Willett (per curiam)
Tag(s):

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