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U.S. Department of Agriculture v. J. Michael Hopper (In re Colusa Regional Medical Center)

  • Summarized by Lars Fuller , BakerHostetler
  • 3 weeks 6 days ago
Citation:
BAP No. EC-18-1266-TaBS (9th Circuit, Sep 10,2019) Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. vacated and remanded decision of bankruptcy court (ED Cal.) granting chapter 7 trustee's motion to surcharge encumbered sale proceeds for payment of administrative expenses based...
Judge(s):
Taylor, Brand, Spraker
Tag(s):

Pasley v. Keats (In re Pasley)

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 2 months 1 week ago
Citation:
Case No. 18-8048; File Name: 19b0007p.06 (6th Circuit, Aug 06,2019) Published
Case Status:
Dismissed
Ruling:
Sixth Circuit Bankruptcy Appellate Panel (BAP) dismissed a Debtor's appeal of a bankruptcy court order which granted the Chapter 7 Trustee's motion to sell real estate owned by a single member...
Judge(s):
Harrison, Price Smith and Wise, Bankruptcy Appellate Panel Judges
Tag(s):

Port of Corpus Christi Auth v. Sherwin Alumina Company L.L.C.

Citation:
18-40557 (5th Circuit, Aug 06,2019) Published
Case Status:
Affirmed
Ruling:
The doctrine of sovereign immunity does not preclude a sale of real property under § 363(f) free and clear of an easement across such property that existed in favor of a political subdivision of...
Judge(s):
Higginbotham, Smith, and Higginson
Tag(s):

CAMPBELL V. US

Citation:
2018-2014 (Federal Circuit, Aug 01,2019) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals for the Federal Circuit confirmed the dismissal of the complaint because of lack of jurisdiction and, because, as to the claims alleging coercion, the statute of limitations...
Judge(s):
Newman, Lourie and Dyk
Tag(s):

Gluckstadt Holdings, L.L.C. v. VCR I, L.L.C.

  • Summarized by J Newman , Newman & Newman
  • 5 months 2 weeks ago
Citation:
No. 18-60368 (5th Circuit, May 01,2019) Published
Case Status:
Affirmed
Ruling:
AFFIRM the district court’s judgment affirming the bankruptcy court’s decision granting the Trustee’s motion to approve auction and for authority to sell certain real property of the...
Judge(s):
STEWART, Chief Judge, and DAVIS and ELROD, Circuit Judges
Tag(s):

Terry Giese v. Lexington Coal Co. (In re HNRC Dissoultion Co.)

  • Summarized by Ryan Heilman , Wernette Heilman PLLC
  • 8 months 2 weeks ago
Citation:
18-5674 (6th Circuit, Jan 24,2019) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the rulings of the Bankruptcy Court and 6th Cir. BAP, (i) finding that jurisdiction existed for removal of the case from state court to the District Court (and referral...
Judge(s):
MERRITT, GUY, and MOORE
Tag(s):

IN RE: WALTER ENERGY, INC.

Citation:
16-13483 (11th Circuit, Dec 27,2018) Published
Case Status:
Affirmed
Ruling:
In affirming the district court's ruling, the Eleventh Circuit held that the bankruptcy court had the authority to modify the premiums that Walter Coal owed to two funds which it established to...
Judge(s):
Martin, Jill Pryor and Anderson
Tag(s):

IN RE; REVEL AC INC.

  • Summarized by David Banker , Montgomery, McCracken, Walker & Rhoads, LLP
  • 10 months 6 days ago
Citation:
Case No. 17-3607 (UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT) (3rd Circuit, Nov 30,2018) Published
Case Status:
Affirmed
Ruling:
IDEA Boardwalk may reduce its rent obligations by certain amounts entitled to recoupment under the Lease, (1) because they “fall within the ambit of rights preserved under Code §...
Judge(s):
AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges
Tag(s):

IN RE: PROVIDER MEDS, L.L.C.

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 11 months 2 weeks ago
Citation:
17-11113 (5th Circuit, Oct 29,2018) Published
Case Status:
Affirmed
Ruling:
Court concluded that the non-exclusive patent licenses were "executory contracts" that were deemed rejected by operation of law 60 days after conversion of the cases from chapter 11 to chapter 7. ...
Judge(s):
Higginbotham, Smith and Graves
Tag(s):

IN RE: ENERGY FUTURE HOLDINGS CORP., et al,

Citation:
18-1109 (3rd Circuit, Sep 13,2018) Published
Case Status:
Affirmed
Ruling:
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)
Tag(s):

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