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Victor Kearney v. Unsecured Creditors Committee

Summarizing by Bradley Pearce

Mission Product Holdings, Inc. v. Old Cold LLC

Citation:
16-90102, 116-9015 (1st Circuit, Jan 12,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's finding of good faith in a §363 sale affirmed; otherwise the appeal is moot due to the sale having been completed without a stay.
Judge(s):
Kayatta (author), Torruella, and Lynch
Tag(s):

Burgess v. Coffey (In re Wasson Properties, Inc.)

Citation:
BAP No. WO-17-020 (10th Circuit, Dec 15,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed ruling of bankruptcy court (W.D. Okla.) denying creditors' claim for breach of contract. Bankruptcy court properly considered parole evidence under Oklahoma contract...
Judge(s):
Karlin, Somers, Jacobvitz
Tag(s):

Schepis v. Burtch (In re Pursuit Capital Management, LLC)

Citation:
No. 16-3953 (Pursuit Capital Mgmt. Fund I, L.P. v. Burtch (In re Pursuit Capital Mgmt., LLC), 2017 U.S. App. LEXIS 20889) (3rd Circuit, Oct 24,2017) Published
Case Status:
Affirmed
Ruling:
In this precedential ruling, the Third Circuit ruled that Section 363(m) moots a challenge to a trustee's sale of avoidance actions because the appellant did not obtain a stay pending appeal and a...
Judge(s):
JORDAN, KRAUSE, Circuit Judges and RICHARD G. STEARNS, District Judge sitting by designation
Tag(s):

PINNACLE RESTAURANT AT BIG SKY LLC V CH SP ACQUISITIONS LLC

Citation:
15-35572 (9th Circuit, Sep 12,2017) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the order of the district court affirming the bankruptcy court’s decision that a bankruptcy trustee’s sale of a debtor’s property was free and...
Judge(s):
Kozinski, Fletcher, Block
Tag(s):

Sian v. Montoya (In re Sandia Resorts, Inc.)

Citation:
NM-17-003 (10th Circuit, Aug 30,2017) Not Published
Case Status:
Affirmed
Ruling:
The trustee can overcome the burden of demonstrating that an appeal of a sale under § 363(b) is moot under § 363(m) if the appellant fails to offer a permissible theory for relief that would...
Judge(s):
Karlin, Nugent, Mosier (Karlin)
Tag(s):

Whitney v. Everett (In re Pacific Thomas Corp.)

Citation:
NC-16-1255-BJuF (9th Circuit, Aug 03,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirming the bankruptcy court's denial of the appellant's motion for relief from stay that would allow the appellant to prosecute a state mandamus action that the appellant had brought on behalf...
Judge(s):
BRAND, JURY, FARIS (bankruptcy judges)
Tag(s):

Rosbottom, Jr. v. Schiff (In the Matter of Rosbottom, Jr.)

Citation:
16-31108 (5th Circuit, Jul 17,2017) Not Published
Case Status:
Reversed and Rendered
Ruling:
Donations of "undivided" interests in Debtor's community property to two separate Qualified Personal Residential Trusts (QPRT) were ineffective and void due to their violation of article 2337 of...
Judge(s):
King, Prado, Southwick (Per Curiam)
Tag(s):

Jahn, Jr. v. Burke (In re Burke)

Citation:
16-6603, 2017 WL 2990162 (6th Circuit, Jul 14,2017) Published
Case Status:
Affirmed
Ruling:
Trustee seeking to sell residence cannot force Debtor to vacate premises while Trustee attempts to sell property merely by tendering to Debtor the value of Debtor's claimed exemption.
Judge(s):
Moore, Gilman and Cook
Tag(s):

Kohut v. United Healthcare Insurance Co. (In re LSC Liquidation, Inc.)

Citation:
No. 16-2324; File Name:17a0415n.06 (6th Circuit, Jul 18,2017) Not Published
Case Status:
Affirmed
Ruling:
Sixth Circuit affirmed bankruptcy court's decision and found that the bankruptcy court did not abuse its discretion in modifying its order under Rule 60(b) to clarify that health insurance policies...
Judge(s):
Suhrheinrich, Batchelder and Stranch, Circuit Judges
Tag(s):

Gupta v. Quincy Medical Center

Citation:
USCA, First Circuit, No. 15-1183 (1st Circuit, Jun 02,2017) Not Published
Case Status:
Affirmed
Ruling:
In short, Appellants' claims do not fit into the narrow category of matters that "have no existence outside of the bankruptcy," In re Middlesex Power Equip. & Marine, Inc., 292 F.3d at 68, or...
Judge(s):
Zobel (Trial), Howard, Souter and Lipez, USCA-1st Circuit
Tag(s):

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