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In re S.S. Body Armor Inc.

  • Summarized by Thomas Horan , Fox Rothschild LLP
  • 4 weeks 1 day ago
Citation:
Nos. 19-2313, 19-2314, 19-2315 and 19-2316 (3rd Circuit, Jun 04,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
First, the Court reversed the Bankruptcy Court's finding that appellant was entitled to a contingent fee award for objecting to a derivative action settlement and thereby improving the outcome, and...
Judge(s):
Circuit Judges Restrepo, Roth, and Fisher
Tag(s):

In re Sattler

  • Summarized by Lars Fuller , BakerHostetler
  • 1 month 8 hours ago
Citation:
BAP No. NV-19-1174-LBG (9th Circuit, Jun 01,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) denying debtor's motion to vacate orders entered in his involuntary chapter 7 case: a preservation order, an order denying his motion...
Judge(s):
Lafferty, Brand, Gan
Tag(s):

In re Artem Koshkalda

  • Summarized by Lars Fuller , BakerHostetler
  • 1 month 1 week ago
Citation:
BAP Nos. NC-19-1235-BTaF & NC-19-1255-BTaF (9th Circuit, May 26,2020) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) granting creditors' motion for summary judgment but reversed and remanded bankruptcy court's order denying creditors' motion for...
Judge(s):
Brand, Taylor, Faris
Tag(s):

Kip Richards v. Rabo AgriFinance, LLC

Citation:
19-6039 (8th Circuit, May 04,2020) Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's application of Nebraska's equitable estoppel rule to determine that the members of the chapter 11 debtor could not claim personal...
Judge(s):
SCHERMER, SHODEEN and SANBERG
Tag(s):

In re Ralph and Paula Isom

Citation:
BAP No. ID-19-1198-BGL (9th Circuit, Apr 22,2020) Not Published
Case Status:
Affirmed
Ruling:
A) An appeal of an order is timely if the appellant (i) first files a motion for relief under Fed. R. Bankr. P. 9023 within 14 days of entry of the order and (ii) the files the notice of appeal...
Judge(s):
BRAND, GAN and LAFFERTY, Bankruptcy Judges
Tag(s):

In re Bartenwerfer

  • Summarized by Lars Fuller , BakerHostetler
  • 2 months 1 week ago
Citation:
BAP No. NC-19-1178-TaFB (9th Circuit, Apr 23,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (ND Cal.) entering non-dischargeable judgment against debtor including attorneys' fees. Start court fraud and non-fraud claims were...
Judge(s):
Taylor, Faris, Brand
Tag(s):

Wheeling and Lake Erie Ry. Co. v. Keach

Citation:
19-1894 (1st Circuit, Apr 09,2020) Published
Case Status:
Affirmed
Ruling:
The First Circuit affirmed the district court judgment giving due deference to the factfinder's resolution of the burden of proof issue.
Judge(s):
Howard, Salya and Lynch
Tag(s):

Chittranjan Thakkar v. Bay Point Capital Partners, LLC

Citation:
18-12536 (11th Circuit, Apr 08,2020) Published
Case Status:
Affirmed
Ruling:
The appellant did not have standing to maintain the appeal once the debtor withdrew from the appeal. Article III standing requires a person to establish a particularized, actual injury. In order to...
Judge(s):
WILSON, BRANCH, and JULIE CARNES
Tag(s):

John Finstad v. James Gord

Citation:
19-6035 (8th Circuit, Mar 27,2020) Published
Case Status:
Affirmed
Ruling:
State courts have concurrent jurisdiction to interpret confirmed reorganization plans. Confirmed plans are new contracts between debtors and creditors whose claims are addressed in the plan....
Judge(s):
SHODEEN, DOW, and SANBERG
Tag(s):

Richard Lauter v. Wells Fargo Bank

  • Summarized by Lars Fuller , BakerHostetler
  • 3 months 2 weeks 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):

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