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Mission Product Holdings v. Schleicher and Stebbings Hotels LLC

  • Summarized by David Baker , Law Office of David G. Baker
  • 2 years 6 months ago
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.

  • Summarized by Lars Fuller , BakerHostetler
  • 2 years 11 months ago
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

  • Summarized by Lars Fuller , BakerHostetler
  • 2 years 11 months ago
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):

In re Motors Liquidation Co.: Those Certain Post-Closing Accident

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 3 years 4 months ago
Citation:
18-1940 (2nd Circuit, Nov 19,2019) Published
Case Status:
Affirmed
Ruling:
New GM is not liable for punitive damage claims asserted by parties to post-Sale accidents involving automobiles manufactured by Old GM, even if New GM is liable for compensatory damages, because...
Judge(s):
Jacobs, Sack, Hall
Tag(s):

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

  • Summarized by Lars Fuller , BakerHostetler
  • 3 years 6 months 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
  • 3 years 7 months 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):

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