In re: CATHERINE TRINH

Citation:
BAP No. CC-21-1255-TLS (9th Circuit, Sep 22,2022) Not Published
Case Status:
Dismissed
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit (1) upheld a bankruptcy court's determination that it had jurisdiction to approve a trustee's motion to sell real property in accordance with...
Judge(s):
TAYLOR, LAFFERTY, and SPRAKER
Tag(s):

In re Ritchie Special Credit Investments, Ltd.;

Citation:
21-2707 (8th Circuit, Sep 13,2022) Published
Case Status:
Affirmed
Ruling:
A creditor (not an investor) does not have standing to sue another creditor for aiding and abetting a fraud perpetrated by a Chapter 7 debtor if the estate could assert the claim. Such a claim, a...
Judge(s):
GRASZ, STRAS, and KOBES
Tag(s):

IN RE: JOSEPH C SHEEHAN

Citation:
21-2946 & 21-2954 (7th Circuit, Sep 07,2021) Published
Case Status:
Affirmed
Ruling:
A bankruptcy court's in rem jurisdiction is insufficient to establish personal jurisdiction over foreign defendants, and the automatic stay of 11 U.S.C. § 362(a) is unenforceable if the bankruptcy...
Judge(s):
RIPPLE, ROVNER, and KIRSCH
Tag(s):

IN RE: JOSEPH C. SHEEHAN

Citation:
21-2946 & 21-2954 (7th Circuit, Sep 07,2022) Published
Case Status:
Affirmed
Ruling:
Agreeing with the U.S. Bankruptcy and District Courts for the Northern District of Illinois (BC and DC), the U.S. Court of Appeals for the Seventh Circuit found bankruptcy in rem jurisdiction...
Judge(s):
Kenneth F. Ripple; Ilana K.D. Rovner; and Thomas L. Kirsch II
Tag(s):

In Re: NATHAN AARON FORREST, MARSHA WEIDMAN FORREST

Citation:
21-12133 (11th Circuit, Aug 31,2022) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court order dismissing a creditor's amended pleading upon concluding that § 523(a)(4) does not except debts of a trustee...
Judge(s):
Charles R. Wilson; Elizabeth L. Branch; and Barbara Lagoa
Tag(s):

In re: ESSAR STEEL MINNESOTA, LLC; ESML HOLDINGS, INC.

Citation:
3rd Cir. No. 20-3002 (3rd Circuit, Aug 25,2022) Published
Case Status:
Reversed and Remanded
Ruling:
The Third Circuit Court of Appeals reversed the bankruptcy court's decision (certified directly from the U.S. District Court) that the bankruptcy court did not have jurisdiction over the debtor's...
Judge(s):
AMBRO, KRAUSE, and BIBAS
Tag(s):

In re Bestwall

Citation:
21-2263 (3rd Circuit, Aug 24,2022) Published
Case Status:
Reversed and Remanded
Ruling:
Agreeing with Bestwall LLC (DR), a chapter 11 debtor in the U.S. Bankruptcy Court for the Western District of North Carolina (BC), that it had rightly invoked collateral estoppel, the U.S. Court of...
Judge(s):
Kent A. Jordan; Cheryl A. Krause; and David J. Porter
Tag(s):

Mattlage-Thurmond v. First National Bank of McGregor

Citation:
22-50032 (5th Circuit, Aug 18,2022) Not Published
Case Status:
Affirmed
Ruling:
A consent order allowing a creditor to file an amended proof of claim and setting a deadline for the debtors to object to the amended claim is res judicata as to counterclaims later raised by the...
Judge(s):
Stewart, Elrod, and Graves
Tag(s):

NexPoint v. Highland Capital Management

Citation:
21-10449 (5th Circuit, Aug 19,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fifth Circuit declined to invoke equitable mootness, as its review would not "affect the rights of parties not before the Court or the success of the plan." The Court then rejected the...
Judge(s):
Before Weiner, Graves, and Duncan, Circuit Judges. Stuart Kyle Duncan, Circuit Judge, authored the opinion.
Tag(s):

In re: INTERWORKS UNLIMITED INC.,

Citation:
CC-22-1027-STL (9th Circuit, Aug 19,2022) Not Published
Case Status:
Affirmed
Ruling:
A series of errors by the trustee's attorney led the BAP to hold that the relation back doctrine found in Fed. R. Civ. P. 15(c) did not save the trustee's adversary proceeding. The original...
Judge(s):
SPRAKER, TAYLOR, and LAFFERTY, Bankruptcy Judges
Tag(s):

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