Bank of the West v. Damon Pursell Construction Company (In re Damon Pursell Construction Co.), Case No. 13-6015
Ruling:
The BAP affirmed the decision of the bankruptcy court granting summary judgment in favor of Bank of the West ("BOW") and rejecting National Bank of Kansas City's ("NBKC") request for equitable...
Successor liability is appropriate in suits to enforce federal labor or employment laws-even when the successor disclaimed liability when it acquired the assets, unless there is a good reason to...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
13 years 2 weeks ago
Citation:
No. 12-1290
Ruling:
Transfer of a cause of action to a Litigation Trust - in accordance with the terms of an Asset Purchase Agreement - can be insulated from attack on appeal pursuant to Section 363(m). That section...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
13 years 2 months ago
Citation:
Massachusetts Department of Unemployment Assistance v. OPK Biotech, LLC (In re PBBPC, Inc.), BAP No. MB-12042 (1st Cir. B.A.P. Jan. 17, 2013)
Ruling:
The First Circuit B.A.P., adopting the expansive definition of “interest” in Section 363(f) of the Bankruptcy Code, held that “interest” in Section 363(f) includes all obligations that may...
In re Miller, Case No. 12-9008 (B.A.P. 6th Cir. December 27, 2012) (limited precedential effect pursuant to 6th Cir. BAP LBR 8013-1(b))
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit (the “BAP”) held that the appellants, a chapter 7 debtor and his heir, were not “persons aggrieved” by the bankruptcy court’s order...
Judge(s):
Emerson, Fulton, and Preston, Bankruptcy Appellate Panel Judges
Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
13 years 4 months ago
Citation:
TC Healthcare I, LLC v. Dupuis (In re Haven Eldercare, LLC), Case No. 12-468-bk (2d Cir. Nov. 15, 2012) (summary order) [Not Precedential]
Ruling:
The Circuit Court AFFIRMED the District Court judgment barring, as res judicata, the motion of the Appellant, a Section 363 purchaser of the Debtor's assets, seeking an order declaring that...
Judge(s):
Barrington D. Parker, Reena Raggi, and Gerard Lynch.
AFFIRMING the bankruptcy court's ruling for an order dismissing the Appellant's (the Liquidation Trustee) adversary complaint for failure to state a claim for relief pursuant to Federal Rule of...
In re Knight-Celotex, LLC, et al., Case No. 11-01815, ---F.3d ---- (7th Cir. Sept. 5, 2012)(slip opinion) (Hamilton, J)
Ruling:
AFFIRMING the District Court, the Seventh Circuit held that the Bankruptcy Court did not abuse its discretion by finding that a trustee was not judicially estopped from assigning claims against the...
Judge(s):
Cudahy, Kanne, and Hamilton, Seventh Circuit Judges.
Lovald v. Tennyson (In re Wolk), Case No. 10-6050 (8th Cir.BAP Oct. 14, 2010)
Ruling:
The strong arm powers under section 544 provide the trustee with the powers of a bona fide purchaser. In South Dakota, a co-owner of property can overcome the presumption that property held as a...
Judge(s):
Kressel, Chief Judge, Federman, and Saladino, Bankruptcy Judges
Studensky v. Morgan (In re Morgan), No. 11-51180 (5th Cir. July 17, 2012) * Unpublished opinion pursuant to 5TH CIR. R. 47.5
Ruling:
The Fifth Circuit REVERSED the judgment of the District Court and held that, where a debtor does not claim a homestead exemption and then sells the homestead post-petition, the debtor has the...
