Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Dewitt v. Stewart (In re Stewart)

Citation:
18-9007 (1st Circuit, Feb 03,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court misapplied the standard for fraudulent intent under § 523(a)(2)(A) -- best articulated by our decision in Palmacci v. Umpierrez, 121 F.3d 781 (1st Cir. 1997) -- which it was...
Judge(s):
Howard, Torruella, Seyla
Tag(s):

Cheri Whitlock v. John Lowe

Citation:
18-50335 (5th Circuit, Dec 23,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A trustee cannot use 11 USC 550(a) to "recover" fraudulently conveyed property or its value from a transferee if the transferee returned the property to the debtor pre-petition. Once fraudulently...
Judge(s):
Oldham, Clement, Duncan
Tag(s):

Wells Fargo v. Bear Stearns Co Inc

  • Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
  • 1 month 3 weeks ago
Citation:
18-2887 (3rd Circuit, Dec 24,2019) Published
Case Status:
Affirmed
Ruling:
(1) A Bankruptcy Court's determination of good faith regarding an obligatory post-default valuation of collateral receives mixed review on appeal. Factual findings are reviewed for clear error...
Judge(s):
Smith, McKee and Phipps
Tag(s):

Permula Corporation v. Helson Pacheco (In re Pacheco)

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 2 months 20 hours ago
Citation:
19-50318 (5th Circuit, Dec 17,2019) Not Published
Case Status:
Affirmed
Ruling:
The district court properly dismissed the plaintiff-appellant's appeal of the bankruptcy court's dismissal of the plaintiff's dischargeability complaint due to the plaintiff-appellant's failure to...
Judge(s):
STEWART, HIGGINSON, and COSTA
Tag(s):

In re: FirstEnergy Solutions Corp

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 2 months 4 days ago
Citation:
Nos. 18-3787/3788/4095/4097/4107/4110; File No. 19a0294p.06 (6th Circuit, Dec 12,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Sixth Circuit determined that the necessity of available and functional bankruptcy relief is generally superior to the necessity of Federal Energy Regulatory Commission's having complete or...
Judge(s):
Batchelder, Griffin and Donald
Tag(s):

Tower Loan of Mississippi, LLC v. Chuck Willis

  • Summarized by J Newman , Newman & Newman
  • 2 months 6 days ago
Citation:
No. 18-60344 (5th Circuit, Dec 12,2019) Published
Case Status:
Reversed and Remanded
Ruling:
it is for the arbitrator—not (the court)—to decide whether Willis’s TILA claim is arbitrable. It is similarly the arbitrator’s province to resolve the inconsistent procedural terms....
Judge(s):
OWEN, Chief Judge, SMITH and DENNIS, Circuit Judges
Tag(s):

LL Painting Co., Inc. v. Odyessy Contracting Corp

  • Summarized by David Banker , Montgomery, McCracken, Walker & Rhoads, LLP
  • 2 months 6 days ago
Citation:
UNITED STATES COURT OF APPEALS Case Nos. 19-1150 & 19-1151 (3rd Circuit, Dec 12,2019) Published
Case Status:
Affirmed
Ruling:
The debtor waived its right to appeal the Bankruptcy Court's decision by entering into a stipulation that was silent as to appeals and provided that if the Bankruptcy Court determined that debtor...
Judge(s):
Ambro, Circuit Judge
Tag(s):

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

  • Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
  • 2 months 4 weeks 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):

In re Shmuel Erde

  • Summarized by Lars Fuller , BakerHostetler
  • 3 months 4 days ago
Citation:
BAP No. CC-19-1023-STaL (9th Circuit, Nov 12,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) denying vexatious litigant's motion to vacate dismissal of bankruptcy 35 years prior. Bankruptcy court properly rejected debtor's...
Judge(s):
Spraker, Taylor, Lafferty
Tag(s):

In re Joseph and Judith Wilczak

  • Summarized by Lars Fuller , BakerHostetler
  • 3 months 5 days ago
Citation:
BAP No. NC-19-1038-FBG (9th Circuit, Nov 13,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing chapter 11 debtors' claim objection based on debtors' argument that signatures on mortgage documents were forgered,...
Judge(s):
Faris, Brand, Gan
Tag(s):

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