SR Construction v. RE Palm Springs

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
• 1 year 8 months ago

Citation:

23-10603 (5th Circuit, Jul 02,2024) Published

Case Status:

Affirmed

Ruling:

The Fifth Circuit held that the bankruptcy court had the “undisputed power to order the sale of a bankruptcy debtor’s assets” and that turnover of those assets pursuant to the sale order was...

Judge(s):

Barksdale, Southwick, and Graves

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Venue/Jurisdiction
• Business Reorganization

IN RE: A&D PROPERTY CONSULTANTS, LLC, ET

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 9 months ago

Citation:

23-60040 & 23-60041 (9th Circuit, Jun 06,2024) Not Published

Case Status:

Affirmed

Ruling:

Resolving consolidated appeals by A&D Property Consultants LLC (AD) of a decision by the circuit's bankruptcy appellate panel (BAP) affirming two bankruptcy court (BC) orders, the U.S. Court of...

Judge(s):

Sidney R. Thomas; Eric D. Miller; and Richard D. Bennett

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Claims
• Practice and Procedure
• Personal Bankruptcy Topics
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 7013
• 11 U.S.C. § 363(b)(1); 11 U.S.C. § 363(e); 11 U.S.C. § 363(f); 11 U.S.C. § 363(h); 11 U.S.C. § 541(a)(1)

Weinhoffer v. Davie Shoring

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 11 months ago

Citation:

23-30566 (5th Circuit, Mar 19,2024) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the judgment in favor of a seller, Offshore Specialty Fabricators, LLC (Seller), who had sued the highest bidder at auction for...

Judge(s):

Don Willett; Cory T. Wilson; and Irma Carrillo Ramirez

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure
• Valuation
• Small Business
• 11 U.S.C § 363

COEPTIS EQUITY FUND LLC V. GINA KLUMP (IN RE COEPTIS EQUITY FUND LLC)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 2 years 1 day ago

Citation:

No. 23-60003 (9th Circuit, Mar 15,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not abuse its discretion in approving compensation for a Subchapter V Trustee over a debtor’s objection for work...

Judge(s):

S. THOMAS, MCKEOWN, and CHRISTEN

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Practice and Procedure
• 11 U.S.C. § 330(a)(3-4)

Ruff v. Ruff

• Summarized by J. Eric Lockridge , Kean Miller
• 2 years 2 weeks ago

Citation:

23-40373 (5th Circuit, Mar 01,2024) Not Published

Case Status:

Affirmed

Ruling:

In the latest installment of a long-running family saga, one family member's argument that an order approving a trustee's sale of real estate and preserving the "liens, claims, and encumbrances"...

Judge(s):

Jones, Haynes, Douglas

Tag(s):

• 5th Circuit
• Asset Sales
• Bankruptcy Litigation
• Claims
• Fraud
• Commercial Fraud
• 11 U.S.C. 363

Swiss Re v. Fieldwood Energy

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
• 2 years 3 weeks ago

Citation:

23-20104 (5th Circuit, Feb 20,2024) Published

Case Status:

Affirmed

Ruling:

The Fifth Circuit ruled that the district court correctly held that the appeal was statutorily moot under section 363(m) (and that the Supreme Court’s ruling in MOAC Mall Holdings LLC v....

Judge(s):

Southwick, Engelhardt, and Wilson

Tag(s):

• 5th Circuit
• Asset Sales
• Plan Confirmation
• Business Reorganization
• 11 U.S.C § 363

Summit Investment Management, et al. v. Connolly

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 3 weeks ago

Citation:

22-1297 (10th Circuit, Feb 16,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. District Court for the District of Colorado (DC) for the same reasons cited by the latter in its order...

Judge(s):

Paul J, Kelly Jr.; Scott Matheson Jr.; and Allison H. Eid

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 9019(a); Fed. R. Bankr. P. 2002(a)(3)
• 11 U.S.C § 362; 11 U.S.C. § 502(a); 11 U.S.C. § 502(b); 11 U.S.C. § 502(e)(1)(B); 11 U.S.C. § 502(e)(2); 11 U.S.C. § 726(a)

Kenneth Pettine v. Joli Lofstedt

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 4 months ago

Citation:

23-013 (10th Circuit, Nov 15,2023) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

In this challenge by Kenneth Pettine (DR), a chapter 7 debtor, of the decision of the U.S. Bankruptcy Court for the District of Colorado (BC) granting the motion by a trustee (TR) for a charging...

Judge(s):

Robert H. Jacobvitz; Dale L. Somers; and Janice Loyd

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Finance and Banking
• Small Business
• 11 U.S.C § 544(a)(1); 11 U.S.C § 554(b)

In re: ORCHID CHILD PRODUCTIONS, LLC

• Summarized by Benjamin Fischer , Klehr Harrison Harvey Branzburg LLP
• 2 years 6 months ago

Citation:

BAP No. CC-23-1011 FLS; Bk. No. 2:20-bk-21080-RK (9th Circuit, Sep 07,2023) Not Published

Case Status:

Affirmed

Ruling:

A Ninth Circuit BAP affirmed a decision of the bankruptcy court. The court reasoned that the production company's state law contract claim was a core proceeding because it concerned the...

Judge(s):

Faris, Lafferty, & Spraker

Tag(s):

• 9th Circuit
• Asset Sales
• Automatic Stay
• Claims
• 11 U.S.C § 362; 28 U.S.C. § 157

Pitman Farms v. ARKK Food Co., LLC (In re Simply Essentials, LLC)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 2 years 6 months ago

Citation:

No. 22-2011 (8th Circuit, Aug 21,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Eighth Circuit affirmed a bankruptcy court's order permitting a chapter 7 trustee to sell chapter 5 avoidance actions as property of the debtor's estate.

Judge(s):

Smith, Melloy, and Erickson

Tag(s):

• 8th Circuit
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure
• Fed. R. Bankr. P. 9019(b)
• 11 U.S.C. § 363(f)
• 11 U.S.C. § 541(a)

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