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Summarizing by Paris Gyparakis

Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Anytime Fitness v. Thornhill Brothers

Citation:
22-30757 Fifth Circuit (5th Circuit, Oct 27,2023) Published
Case Status:
Reversed and Remanded
Ruling:
Whether 11 U.S.C. § 365(f), or any other portion of Title 11, authorizes a bankruptcy court’s approval of a debtor’s partial assignment of an executory contract? It does not.
Judge(s):
Per Curiam- Richman, Chief Judge, and Southwick and Oldham.
Tag(s):

In re: DA & AR HOSPICE CARE, INC.

Citation:
22-1128 (9th Circuit, Oct 20,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the findings of the U.S. Bankruptcy Court for the Central District of California (BC) that Michael Eugene Reznick (RZ), an...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
Tag(s):

Moody Natl Bank v. Shurley

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 2 years 4 months ago
Citation:
23-50163 (5th Circuit, Oct 20,2020) Not Published
Case Status:
Affirmed
Ruling:
Business debt to bank is dischargeable under facts of this case, which failed to establish the required elements under 523(a), namely: (a) a reasonable investigation would have revealed prior...
Judge(s):
Higginbotham, Stewart, and Southwick (Per Curium)
Tag(s):

Hann v. Kahkeshani

Citation:
22-20407 (5th Circuit, Oct 16,2023) Not Published
Case Status:
Affirmed
Ruling:
Following the Supreme Court's decision in Bartenwerfer v. Buckley, 589 U.S. 69 (2023), and Texas law establishing a person's liability for another's misrepresentations, an arbitrator's findings of...
Judge(s):
Wiener, Stewart, and Engelhardt
Tag(s):

Law Office of Rogelio Solis v. Curtis

Citation:
22-20430 (5th Circuit, Oct 06,2023) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Under 28 U.S.C. § 1961(a), a judgment entered by a bankruptcy court in an adversary proceeding must include post-judgment interest because a bankruptcy court is a unit of the district court (28...
Judge(s):
Ho, Oldham, and Douglas, Circuit Judges
Tag(s):

Carmichael v. Balke

  • Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
  • 2 years 5 months ago
Citation:
22-20430 (5th Circuit, Oct 06,2023) Not Published
Case Status:
Affirmed
Ruling:
In litigation that spanned many years, the 5th Circuit held that post-judgment interest, pursuant to 28 USC Sec. 1961(a),(c)(4) [applicable to bankruptcy courts as units of the district courts],...
Judge(s):
Ho, Oldham and Douglas
Tag(s):

In re: Larisa Ivanovna Markus

Citation:
21-2238 (2nd Circuit, Aug 30,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Second Circuit affirmed two orders of the U.S. District Court for the Southern District of New York (DC) finding that the district's bankruptcy court (BC)...
Judge(s):
Dennis Jacobs; Denny Chin; and Beth Robinson
Tag(s):

Pitman Farms v. ARKK Food Co., LLC (In re Simply Essentials, LLC)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 6 months ago
Citation:
No. 22-2011 (8th Circuit, Aug 21,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Eighth Circuit affirmed a bankruptcy court's order permitting a chapter 7 trustee to sell chapter 5 avoidance actions as property of the debtor's estate.
Judge(s):
Smith, Melloy, and Erickson
Tag(s):

In re: BRENT EVAN WEBSTER

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 7 months ago
Citation:
BAP No. OR-23-1005-LBG (9th Circuit, Aug 16,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's order denying a debtor's motion to reopen his chapter 13 bankruptcy case because (1) a dismissed bankruptcy...
Judge(s):
LAFFERTY, BRAND, and GAN
Tag(s):

Sanders v. Watcher et al. (In re: JOSEPH L. SANDERS)

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 2 years 7 months ago
Citation:
BAP No. CC-23-1003-LSF (9th Circuit, Aug 09,2023) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel upheld the bankruptcy court's approval of a settlement, over the objection of the debtor, between a chapter 7 trustee and creditors satisfying the...
Judge(s):
Lafferty, Spraker, and Faris
Tag(s):

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