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Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Sr Secured Noteholders v. DE Trust Co

Citation:
23-20557 (5th Circuit, May 30,2025) Published
Case Status:
Reversed and Remanded
Ruling:
Faced with a dispute among unsecured and secured creditors over the allocation of equity in a reconstituted chapter 11 debtor, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found the...
Judge(s):
Edith H. Jones; Kurt D. Engelhardt; and Andrew S. Oldham
Tag(s):

Grissett v. N. Dist. of Bankr. (In re Grissett)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 9 months 2 weeks ago
Citation:
25-10293 (11th Circuit, May 28,2025) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Eleventh Circuit upheld a district court's sua sponte dismissal, with prejudice, of a pro se plaintiff/debtor's in forma pauperis complaint against a bankruptcy...
Judge(s):
NEWSOM, GRANT, and BRASHER
Tag(s):

Adair v. Stutsman Constr., L.L.C. (In re Adair)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 9 months 3 weeks ago
Citation:
No. 24-30273 (5th Circuit, May 20,2025) Published
Case Status:
Reversed and Remanded
Ruling:
In a 2-1 decision, the Fifth Circuit held a bankruptcy court erred in refusing to consider a debtor's unclean hands defense to a claim to except a state court judgment debt from discharge under 11...
Judge(s):
Higginbotham, Willett, and Ho
Tag(s):

Chenault-Vaughan Fam. P'ship v. MDC Reeves Energy, LLC (In re MTE Holdings LLC)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 9 months 4 weeks ago
Citation:
No. 23-1916 (3rd Circuit, May 07,2025) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The U.S. Court of Appeals for the Third Circuit held a magistrate judge properly exercised jurisdiction to enter a final judgment in an appeal from an adversary proceeding pursuant to 28 U.S.C. §...
Judge(s):
BIBAS, FREEMAN, and ROTH
Tag(s):

TooBaRoo, LLC v. Western Robidoux, Inc

Citation:
23-3323 (8th Circuit, May 05,2025) Published
Case Status:
Affirmed
Ruling:
In an appeal arising out of the converted chapter 7 case of Western Robidoux, Inc. (WRI), the U.S. Court of Appeals for the Eighth Circuit (Circuit), as had the U.S. District Court for the Western...
Judge(s):
Raymond Gruender; Jane L. Kelly; and L. Steven Grasz
Tag(s):

STAR DEVELOPMENT GROUP V. ZVI GUTTMAN

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
  • 10 months 3 weeks ago
Citation:
24-1722 (4th Circuit, Apr 17,2025) Not Published
Case Status:
Affirmed
Ruling:
The Fourth Circuit affirmed both the bankruptcy court’s and district court’s grant of summary judgment in favor of the chapter 7 trustee. The Fourth Circuit found that the $1 million deposited...
Judge(s):
Wilkinson, Niemeyer, Wynn
Tag(s):

TEENA COLEBROOK V. JOHN PRESTON THOMPSON

Citation:
24-9011 (6th Circuit, Apr 17,2025) Published
Case Status:
Affirmed
Ruling:
A party that litigates using the in forma pauperis provisions of 28 U.S.C. § 1915 is subject to heightened pleading standards by 28 U.S.C. § 1915(e)(2), so the trial court, sua sponte, should...
Judge(s):
BAUKNIGHT, CROOM, and GREGG, Bankruptcy Appellate Panel Judges
Tag(s):

SANGHA V. SCHRADER

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 11 months 1 day ago
Citation:
24-4548 (9th Circuit, Apr 15,2025) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the District Court and Bankruptcy Court application of issue preclusion on the "maliciousness" prong under 11 USC 523(a)(6).
Judge(s):
Bade, Sung, and Kane
Tag(s):

Korean Claimants V. Dow Silicones Corp

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 11 months 1 week ago
Citation:
Case No. 25-1004; File Name: 25a194n.06 (6th Circuit, Apr 10,2025) Not Published
Case Status:
Affirmed
Ruling:
The district court granted a motion by Dow Corning Corp. (Dow) to terminate certain funding obligations of Dow under the confirmed bankruptcy plan which established a trust to pay silicone-get...
Judge(s):
Sutton, Chief Judge; Readler and Bloomekatz
Tag(s):

Smith v. MedLegal Sols., Inc. (In re Smith)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 11 months 1 week ago
Citation:
No. 24-50494 (5th Circuit, Apr 02,2025) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit affirmed a bankruptcy judge's entry of a contempt order and default judgment against the appellant/defendant/debtor in a non-dischargeability action...
Judge(s):
Elrod, Higginbotham, and Ramirez
Tag(s):

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