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Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Lightfoot v. MXEnergy Electric, Inc. (In re MBS Management Services, Inc.)

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 13 years 8 months ago
Citation:
--- F.3d ----, 2012 WL 3125167, (NO. 11-30553) (Aug. 2, 2012 5th Cir.)
Ruling:
The Fifth Circuit Court of Appeals held that the Debtor's payments to the power company were settlement payments exempt from avoidable transfer pursuant to section 546(e) of the Bankruptcy Code. ...
Judge(s):
Jones, Owen, Higginson
Tag(s):

Reshetar Systems, Inc. v. Thompson (In re Thompson)

Citation:
Thompson v. Thompson, No. 11-6008 (BAP 8th Cir. 2011)
Ruling:
The BAP affirmed the judgment of the Bankruptcy Court determining the debt owed to Reshetar Systems, Inc. by the debtor was not excepted from discharged under 11 U.S.C. Sections 523(a)(4) or (6).
Judge(s):
Schermer, Venters, and Nail
Tag(s):

Bucher v. Dakota Finance Corp. (In re Whitaker)

  • Summarized by Jesse Sixkiller , Dorsey & Whitney LLP
  • 13 years 8 months ago
Citation:
Bucher v. Dakota Finance Corporation (In re Whitaker), Case No. 12-6004, --- F.3d --- (B.A.P. 8th Cir. July 19, 2012) (slip opinion) (Federman, J.)
Ruling:
AFFIRMING the bankruptcy court’s orders dismissing trustees’ adversary proceedings against a tribe and its subsidiary, the Bankruptcy Appellate Panel for the Eighth Circuit held that both the...
Judge(s):
Federman, Venters, Saladino, Bankruptcy Judges.
Tag(s):

Search Market Direct, Inc. v. Jubber (In re Paige)

Citation:
Search Market Direct Inc. v. Jubber (In re Paige), D.C. No. 2:07-CV-00822-DB; BAP No. UT-08-062; D.C. No. 2:09-CV-00988-DB (11th Cir., July 16, 2012)
Ruling:
The Court held: The confirmed Chapter 11 plan was proposed in good faith and was fair and equitable; A proposed competing plan could not have been confirmed because it was not feasible; The...
Judge(s):
BRISCOE, Chief Judge, HOLLOWAY and KELLY, Circuit Judges.
Tag(s):

Reuter v. Cutcliff (In re Reuter)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 13 years 8 months ago
Citation:
Case Nos. 10-6043 and 10-6069 (B.A.P. 8th Cir., Jan. 31, 2011)
Ruling:
AFFIRMING the bankruptcy court's orders (1) denying confirmation of the debtor's chapter 11 plan, (2) granting creditors' motion to convert case to chapter 7, and (3) entering judgment in favor of...
Judge(s):
Kressel, Saladino, and Nail.
Tag(s):

Stathopoulos v. Alford (In re McMillin)

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 13 years 8 months ago
Citation:
D.C. Docket Nos. 8:10-cv-01036-JSM; 8:05-bk-27381-KRM (No. 11-12353)
Ruling:
The 11th Circuit Court of Appeals REVERSED the district court order and reinstated the bankruptcy court judgment that a transfer was not avoidable because the debtor did not have control of the...
Judge(s):
DUBINA, EDMONDSON, & GOLDBERG
Tag(s):

Kaler v. Charles (In re Charles)

  • Summarized by Lars Fuller , BakerHostetler
  • 13 years 8 months ago
Citation:
Kaler v. Charles (In re Charles), No. 12-6016 (B.A.P. 8th Cir. July 16, 2012)
Ruling:
Affirming bankruptcy court's denial of debtor's discharge under section 727(a)(4)(A) (debtor knowingly or fraudulently made a false oath).
Judge(s):
Bankruptcy Court (trial): Shon Hastings (D.N.D.); B.A.P. 8th Circuit (appeal): Hon. Barry Schermer (author of opinion), Hon. Robert Kressel (Chief Judge), and Hon. Jerry Venters
Tag(s):

Pearson Education, Inc. v. Almgren

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 13 years 8 months ago
Citation:
Pearson Education, Inc. v. Almgren, --- F.3d ---, 2012 WL 2865968 (8th Cir. July 13, 2012)
Ruling:
The Eighth Circuit Court of Appeals affirmed the orders of the Bankruptcy Court for the District of Minnesota striking the Appellants' demand for a jury trial on the amount of damages in relation...
Judge(s):
Murphy, Gruender, Ross (sitting by designation)
Tag(s):

Wooley v. Haynes & Boone, L.L.P. (In re SI Restructuring Inc.)

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 13 years 9 months ago
Citation:
No. 11-51108 (5th Cir. July 5, 2012)
Ruling:
The Fifth Circuit explained that although a court may take judicial notice of a document filed in another court to establish the fact of such litigation and related findings, a court cannot take...
Judge(s):
Dennis, Clement, Owen
Tag(s):

In re Griffin Trading Co.

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
  • 13 years 9 months ago
Citation:
--- WL ---, No. 10-3607 (7th Cir. June 25, 2012)
Ruling:
Reversing the decisions of the District Court and Bankruptcy Court below, the Court ruled that the principals of the debtor entity were liable for breach of fiduciary duty not under Illinois law,...
Judge(s):
Easterbrook, Wood, Tinder
Tag(s):

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