Cogan v. Trabucco

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 months 2 weeks ago

Citation:

No. 22-16948 (9th Circuit, Aug 21,2024) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Ninth Circuit held a district court erred in dismissing a declaratory judgment action under the Rooker-Feldman doctrine. The appellant--counsel for bankruptcy...

Judge(s):

Smith, Bennett, Collins

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Venue/Jurisdiction

Van Deelen v. Dickson

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 months 2 weeks ago

Citation:

23-20436 (5th Circuit, Aug 20,2024) Published

Case Status:

Reversed and Remanded

Ruling:

When a confirmed Chapter 11 plan includes provisions protecting third parties from certain claims, the bankruptcy court has statutory, core jurisdiction over a complaint against the protected...

Judge(s):

Higginson, Willett, and Oldham, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• 7009

Stadtmauer v. Tulis (In re Nordlicht)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 months 2 weeks ago

Citation:

22-1223-bk (2nd Circuit, Aug 15,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit held a bankruptcy court did not err in approving a Chapter 7 Trustee's settlement of legal claims filed by Appellants against the debtor and third...

Judge(s):

Livingston, Sack

Tag(s):

• 2nd Circuit
• Asset Sales
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Practice and Procedure
• Fed. R. Bankr. P. 2002(a)(3); Fed. R. Bankr. P. 7001(2); Fed. R. Bankr. P. 9019(a)
• 11 U.S.C. § 101(5)
• (37); 11 U.S.C. § 105(a); 11 U.S.C. § 108(c)(2); 11 U.S.C. § 362(a); 11 U.S.C. § 363(b)
• (f); 11 U.S.C. § 506(a)(1); 11 U.S.C. § 541; 11 U.S.C. § 544

McIntyre v. Fangman, et al.

• Summarized by Leo Weiss , Office of the U.S. Trustee
• 5 months 5 days ago

Citation:

23-1048 (10th Circuit, Aug 02,2024) Not Published

Case Status:

Affirmed

Ruling:

McIntyre had business disputes with Fangman. After interpleading the amount he admitted owing in a state court, he filed a pro se Chapter 13 bankruptcy in which he challenged the state court's...

Judge(s):

Matheson, Eid and Carson

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Venue/Jurisdiction
• Professional Practice Areas
• Labor/Employment
• Unsecured Trade Creditors
• Sec. 362

American Warrior, Inc. v. Foundation Energy Fund IV-A, L.P.

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 5 months 6 days ago

Citation:

23-30529 (5th Circuit, Aug 01,2024) Published

Case Status:

Affirmed

Ruling:

In affirming the lower courts, the Fifth Circuit holds that state court litigation in Kansas can and should proceed unaffected by a reopened chapter 7 bankruptcy case after the Chapter 7 trustee...

Judge(s):

Jones, Clement, and Wilson

Tag(s):

• 5th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction

Reyes-Colon v. Banco Popular de Puerto Rico District Court of Puerto Rico, San Juan

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 5 months 5 days ago

Citation:

22-1706 and 22-1715 (1st Circuit, Aug 01,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

On the first case, the Court concluded that the bankruptcy court had jurisdiction over the fee motion but that the fee motion was untimely, and accordingly, the Court affirmed. As to the second...

Judge(s):

Barron, Kayatta and Montecalvo

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Professional Compensation/Fees
• 11 U.S.C. § 303(i)
• 11 U.S.C. § 303(b)(1)-(2)

In re Vista-Pro Auto., LLC - Middle District of Tennessee at Nashville

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 5 months 1 week ago

Citation:

23-5881 (6th Circuit, Jul 26,2024) Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit Court of Appeals affirmed lower court decisions district court denying a motion to set aside a default judgment under Rule 60(b)(4) of the Federal Rules of Civil...

Judge(s):

Larsen, Boggs and McKeague. Opinion by Larsen. Dissent by McKeague.

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction

Minor Children v. Roman Catholic Church of the Archdiocese of New Orleans (In re: Roman Catholic Church of the Archdiocese of New Orleans)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 5 months 3 weeks ago

Citation:

No. 23-30565 (5th Circuit, Jul 17,2024) Not Published

Case Status:

Reversed

Ruling:

The U.S. Court of Appeals for the Fifth Circuit held (a) the Minor Children had Article III standing to appeal from a bankruptcy court's decision denying their motion for a "comfort order" to...

Judge(s):

King, Jones, and Oldham

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Mass Torts
• Fed. R. Bankr. P. 8004
• Fed. R. Bankr. P. 8009
• 11 U.S.C.§ 362
• 11 U.S.C. § 503
• 11 U.S.C. § 1108

Gordon Green v. David Leibowitz

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 5 months 3 weeks ago

Citation:

23-2841 (7th Circuit, Jul 16,2024) Published

Case Status:

Affirmed

Ruling:

Wading into three areas of law-the Bankruptcy Code, the Internal Revenue Code (IRC), and Illinois state law—the U.S. Court of Appeals for the Seventh Circuit (Circuit) concluded that the...

Judge(s):

Amy St. Eve; Thomas Kirsch; and Joshua P. Kolar

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• 11 U.S.C. § 522(b)(3); 11 U.S.C. § 522(b)(3)(C); 11 U.S.C. § 541(a); 11 U.S.C. § 704(a)

US v. Foistner

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 5 months 3 weeks ago

Citation:

22-1420 and 22-1619 (1st Circuit, Jul 15,2024) Not Published

Case Status:

Affirmed

Ruling:

The court affirmed the district court's determination denying all the arguments of judicial bias.

Judge(s):

Kayatta, Lipez, and Thompson,

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• Valuation

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