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Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Rajala v. Gardner

  • Summarized by Lars Fuller , BakerHostetler
  • 13 years 3 weeks ago
Citation:
Rajala v. Gardner, et al., No. 12-3113 (10th Cir. March 12, 2013)
Ruling:
The Tenth Circuit affirmed the U.S. District Court's (Kansas) order granting motions to distribute funds held in escrow to two non-debtor parties over the objection of the Chapter 7 trustee, who...
Judge(s):
Kelly, Murphy, and Tymkovich
Tag(s):

O'Donnell v. Tristar Esperanza Properties, LLC (In re Tristar Esperanza Properties, LLC)

Citation:
O'Donnell v. Tristar Esperanza Properties, LLC (In re Tristar Esperanza Properties, LLC), BAP No. CC-12-1340-KlPaDu (9th Cir. BAP March 9, 2013) (for publication)
Ruling:
The Ninth Circuit BAP AFFIRMED the bankruptcy court's granting of summary judgment to the Appellee with respect to its section 510(b) claim, holding that a right to payment arising from a judgment...
Judge(s):
Albert, Klein (sitting by designation), Pappas, and Dunn, United States Bankruptcy Judges
Tag(s):

Dow Corning Corp. v. Claimants' Advisory Committee (In re Settlement Facility Dow Corning Trust)

  • Summarized by Gregory Guest , Dickinson Wright, PLLC
  • 13 years 3 weeks ago
Citation:
Case No. 11-2632 (6th Cir. March 8, 2013)
Ruling:
The Funding Agreement is unambiguous. Dow is entitled to Time Value Credits only where expressly provided for by the Funding Agreement, rather than for every payment made. Time Value Credits under...
Judge(s):
Batchelder, Chief Judge; McKeague and Griffin, Circuit Judges. Opinion by McKeague, Circuit Judge.
Tag(s):

M.P. Construction Co., Inc. v. Wong (In re M.P. Construction Co., Inc.)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 3 weeks ago
Citation:
Nos. CC-12-1306-DKiPa & CC-12-1307-DKiPa (B.A.P. 9th Cir. Mar. 4, 2013)
Ruling:
Affirming the judgment of the Bankruptcy Court for the Central District of California (“the BC”), the Bankruptcy Appellate Panel for the Ninth Circuit (“the BAP”), held that the BC did not...
Judge(s):
Dunn, Kirscher and Pappas, Bankruptcy Judges.
Tag(s):

Orange County's Credit Union v. Garcia (In re Garcia)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 13 years 4 weeks ago
Citation:
C.A. 9th Cir. Case No. 11-56076
Ruling:
Judge Barry G. SIlverman wrote the opinion on behalf of the panel. Pursuant to Fed. R. App. P. 34(a)(2), the panel unanimously determined that no oral argument was needed in this case. Even...
Judge(s):
Alex Kozinski, Chief Judge; Barry G. Silverman, Circuit Judge; and Jed S. Rakoff, Senior District Judge.
Tag(s):

Wells Fargo Bank National Association v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.)

Citation:
Wells Fargo Bank, NA v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.), Case No. 11-11109 (5th Cir. Mar. 1, 2013)
Ruling:
Affirmed confirmation of Chapter 11 cramdown plan and the Debtors' Till-based prime-plus formula for cramdown interest rate over secured lender's objection that a market-based adjustment to prime...
Judge(s):
Higginbotham, Elrod, Haynes
Tag(s):

Campbell v. The Hanover Insurance Co. (In re ESA Environmental Specialists, Inc.)

  • Summarized by B. King , Office of the U.S. Trustee
  • 13 years 1 month ago
Citation:
Campbell v. Hanover Insurance Co. (In re ESA Environmental Specialists, Inc.), ___ F.3d ____, 2013 WL 765705 (4th Cir.) (2-1 decision).
Ruling:
Defendant's earmarking defense to preference claim rejected because the funds at issue were not used to pay an antecedent debt of the Debtor. Defendant's new value defense to preference claim...
Judge(s):
Chief Judge Traxler, Circuit Judges Wilkinson and Agee
Tag(s):

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