IN RE: WALTER ENERGY, INC.

• Summarized by Kathleen DiSanto , Bush Ross, P.A.
• 3 weeks 1 day ago

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):

• 11th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Claims
• Professional Practice Areas
• Labor/Employment
• 363

IN RE; REVEL AC INC.

• Summarized by David Banker , CKR Law LLP
• 1 month 1 week 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):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Asset Sales
• Bankruptcy Litigation
• Claims
• Executory Contracts/Leases
• Professional Practice Areas
• Business Reorganization
• Hospitality, Entertainment Venues and Gaming
• Real Estate
• Retail
• 365

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

• Summarized by Aaron Kaufman , Dykema Gossett PLLC
• 2 months 3 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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Health Care
• Rule 6004
• 363
• 365

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

• Summarized by Valerie Hamilton ,
• 4 months 4 days ago

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):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure
• Business Reorganization
• Rule 9023
• 503(b)

Delannoy v Woodlawn Colonial, L.P.

• Summarized by Lars Fuller , BakerHostetler
• 4 months 2 weeks ago

Citation:

BAP No. CC-17-1334-SKuL (9th Circuit, Aug 31,2018) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) granting chapter 7 trustee's sale of debtor's state court appeal rights to appellee. Bankruptcy court did not abuse discretion in...

Judge(s):

Spraker, Kurtz, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Practice and Procedure
• 11 usc 363

H3O Communications, LLC v. Kane (In re AMKO Fishing Co, Inc.

• Summarized by Lars Fuller , BakerHostetler
• 5 months 2 weeks ago

Citation:

BAP No. HI-17-1255-TaLLs (9th Circuit, Aug 07,2018) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed bankruptcy court (D. HI) ruling that creditor did not have maritime lien that attached to settlement proceeds from chapter 7 trustee's settlement with third party...

Judge(s):

Taylor, Lafferty, Lastreto

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Claims
• Fraudulent Transfers
• Practice and Procedure
• Professional Practice Areas
• 11 U.S.C § 502

In re Haggen Holdings, LLC

• Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
• 5 months 2 weeks ago

Citation:

17-3159 (3rd Circuit, Jul 17,2018) Not Published

Case Status:

Affirmed

Ruling:

Profit-sharing provision in a lease triggered upon assignment of the lease is an unenforceable anti-assignment provision pursuant to 11 U.S.C. 365(f)(1)

Judge(s):

McKee, Shwartz, Cowen

Tag(s):

• 3rd Circuit
• Asset Sales
• Executory Contracts/Leases
• 365(f)

Viegelahn v. Lopez

• Summarized by Camila Bersani , United States Bankruptcy Courts
• 5 months 2 weeks ago

Citation:

17-50297 (5th Circuit, Jul 31,2018) Published

Case Status:

Reversed and Rendered

Ruling:

After voluntary dismissal, Chapters 13 debtors were entitled to the proceeds from the sale of homestead that had lost its exempt status. Proceeds that were acquired post-petition vested in the...

Judge(s):

KING, ELROD, and GRAVES

Tag(s):

• 5th Circuit
• Asset Sales
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 349(b). 522

Samuel v. JPMorgan Chase Bank, N.A.

• Summarized by Lars Fuller , BakerHostetler
• 5 months 3 weeks ago

Citation:

BAP No. EC-17-1036-BHKu (9th Circuit, Jul 31,2018) Not Published

Case Status:

Dismissed

Ruling:

BAP for 9th Circuit dismissed debtor's appeal as moot following appeal of order by bankruptcy court (ED Cal.) granting chapter 11 trustee's motion for (1) use of cash collateral, (2) authorizing...

Judge(s):

Brand, Hursh, Kurtz

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 363

Lind v. Spacone

• Summarized by Lars Fuller , BakerHostetler
• 5 months 3 weeks ago

Citation:

BAP No. EC-18-1001-BHKu (9th Circuit, Jul 27,2018) Not Published

Case Status:

Dismissed

Ruling:

BAP for 9th Circuit dismissed appeal of order approving sale as moot after trustee and buyer agreed to abandon the sale and filed new motion with bankruptcy court to approve sale. Based on...

Judge(s):

Brand, Hursh, Kurtz

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 363

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