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Korean Claimants v. Dow Silicones Corp.

  • Summarized by J. Debbeler , Debbeler Law LLC
  • 1 year 7 months ago
Citation:
23-193c; File No. 24a0447n.06 (6th Circuit, Nov 07,2024) Not Published
Case Status:
Affirmed
Ruling:
Claimants who failed to timely cash settlement checks from the Dow Corning Settlement Facility (Facility) are now barred from receiving payment by the district court order finalizing time for...
Judge(s):
Sutton, Chief Judge, and Readler, and Bloomkatz, Circuit Judges
Tag(s):

TooBaRoo, LLC v. Olsen (In re Western Robidoux, Inc.)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 8 months ago
Citation:
24-6006 (8th Circuit, Oct 21,2024) Published
Case Status:
Dismissed
Ruling:
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit dismissed an appeal from a bankruptcy court's order granting a Chapter 7 Trustee's application to employ a law firm as special counsel. ...
Judge(s):
RIDGWAY, SURRATT-STATES, and JONES
Tag(s):

ROSE COURT, LLC V. SELECT PORTFOLIO SERVI

Citation:
21-16663 (9th Circuit, Oct 17,2024) Published
Case Status:
Affirmed
Ruling:
A panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the Northern District of California affirming the decision of that district's bankruptcy...
Judge(s):
Daniel P. Collins; Danielle J. Forrest; and Jennifer Sung
Tag(s):

Gruver V Firetech, the Fire Technology People, Inc.

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 1 year 8 months ago
Citation:
23-1769 (3rd Circuit, Sep 26,2024) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit affirmed the District Court. 1. The Bankruptcy Court had proper jurisdiction even though the plan had already been confirmed and the dispute was not a core proceeding. Because...
Judge(s):
KRAUSE, BIBAS, and AMBRO, Circuit Judges
Tag(s):

Elizabeth Richert v. Kathleen White Murphy, et al

Citation:
23-12840 (11th Circuit, Sep 26,2024) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court did not err in converting chapter 13 case to chapter 7 where debtor consistently failed to comply with bankruptcy court orders and demonstrated bad faith, nor did the court violate...
Judge(s):
Newsom, Grant, and Anderson
Tag(s):

Byrnes v. Byrnes (In re Byrnes)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 9 months ago
Citation:
No. 24-2015 (10th Circuit, Sep 17,2024) Not Published
Case Status:
Affirmed
Ruling:
A bankruptcy court imposed sanctions due to litigation conduct that was in bad faith, vexatious, and harassing. Specifically, the court dismissed an adversary proceeding brought by the plaintiff,...
Judge(s):
Holmes, Hartz, and Rossman
Tag(s):

XP CAPITAL, LLC V. ARGONAUT MANUF

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 1 year 9 months ago
Citation:
26-60033 (9th Circuit, Sep 16,2024) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court's dismissal of the plaintiff's complaint, though only on the failure to state a claim and not...
Judge(s):
Clifton, Collins, and Lee
Tag(s):

Douglas Kelley v. BMO Harris Bank N.A.

  • Summarized by Jaden Banks , Nyemaster Goode, P.C.
  • 1 year 9 months ago
Citation:
23-2632 (8th Circuit, Sep 12,2024) Published
Case Status:
Reversed and Rendered
Ruling:
Because a bankruptcy trustee steps into the shoes of the debtor rather than shoes of a prepetition receiver, the defense of in pari delicto remains available to a defendant in an adversary...
Judge(s):
COLLOTON, BENTON, and SHEPHERD
Tag(s):

OHI Asset (VA) Martinsville SNF, LLC v. Wagner (In re Wagner)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 9 months ago
Citation:
No. 22-13642 (11th Circuit, Sep 11,2024) Published
Case Status:
Reversed
Ruling:
The U.S. Court of Appeals for the Eleventh Circuit, reversing a district court, held a bankruptcy court correctly rejected a request to bar a debtor's discharge for making a knowing and fraudulent...
Judge(s):
JORDAN, BRASHER, and ABUDU
Tag(s):

THE LOVERING TUBBS TRUST, ET AL V. TIMOTHY W. HOFFMAN

Citation:
23-60005 (9th Circuit, Sep 09,2024) Published
Case Status:
Affirmed
Ruling:
The chapter 7 trustee (i) had Article III standing to bring a fraudulent transfer avoidance action because the trustee represents the bankruptcy estate, not the debtor's creditors; and (ii) did not...
Judge(s):
Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges (*United States Court of Appeals for the Seventh Circuit, sitting by designation)
Tag(s):

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