Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Richard Lauter v. Wells Fargo Bank

  • Summarized by Lars Fuller , BakerHostetler
  • 1 week 13 hours ago
Citation:
19-6013 (8th Circuit, Mar 19,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed judgment of bankruptcy court (WD Missouri - KC) applying 11 USC 547(c)(1) new value defense to preference suit claim. Senior creditor's release of liens for less than full...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

In re Carlo Bondanelli

  • Summarized by Lars Fuller , BakerHostetler
  • 4 days 13 hours ago
Citation:
BAP No. CC-19-1175-TaFS (9th Circuit, Mar 18,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) approving chapter 7 trustee's settlement of fraudulent transfer action against debtor's investment company over strenuous creditors'...
Judge(s):
Taylor, Faris, Spraker
Tag(s):

Hazelton v. The Board of Regents for the University of Wisconsin System

Citation:
No. 19-1405 (7th Circuit, Mar 16,2020) Published
Case Status:
Dismissed
Ruling:
The Seventh Circuit Court of Appeals dismissed the Appellant’s appeal, finding that the Court lacked jurisdiction to hear the appeal under 28 U.SC. § 158(d)(1) because the district court’s...
Judge(s):
Ripple, Rovner and Sykes, Circuit Judges
Tag(s):

Allen Diamond v. Hogan Lovells US

Citation:
15-16326 through 15-16333 (9th Circuit, Feb 27,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Under the law governing law firms operating under the District of Columbia partnership law, hourly-billed matters are not property of the law firm, a former partner owes no continuing duty to the...
Judge(s):
Gould, Murguia and Freudenthal
Tag(s):

In re Energy Future Holdings Corp.

  • Summarized by Ryan Heilman , Wernette Heilman PLLC
  • 1 month 5 days ago
Citation:
19-1430 (3rd Circuit, Mar 18,2020) Published
Case Status:
Affirmed
Ruling:
The Third Circuit affirmed the Bankruptcy Court's ruling confirming Debtors' plan that did not include a 524(g) trust for latent asbestos claims, holding that applying Rule 3003(c)(3) complies with...
Judge(s):
KRAUSE and MATEY (Circuit Judges) and ALEJANDRO (District Judge sitting by designation)
Tag(s):

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
  • 3 months 1 day 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)

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
  • 3 months 1 week 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):

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