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Joseph Parrott, et al v. Douglas Neway, et al

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
  • 2 months 3 weeks ago
Citation:
21-10718 (11th Circuit, Oct 11,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Eleventh Circuit held that the district court erred in dismissing the pro se debtors’ appeal for lack of jurisdiction and abused its discretion in dismissing the case as a sanction for...
Judge(s):
Rosenbaum, Abudu, and Tjoflat
Tag(s):

Gruver V Firetech, the Fire Technology People, Inc.

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 3 months 6 days 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):

Boston Generating, LLC V CREDIT SUISSE SECURITIES (USA) LLC

Citation:
21-2543-bk (2nd Circuit, Sep 19,2024) Not Published
Case Status:
Affirmed
Ruling:
The safe harbor provision of 11 U.S.C. § 546(e) protects all phases of Complex refinancing and recapitalization transactions in which prior equity owners of the debtor’s parent receive payment...
Judge(s):
SUSAN L. CARNEY, JOSEPH F. BIANCO, ALISON J. NATHAN, Circuit Judges
Tag(s):

INTERNATIONAL PETROLEUM PRODUC V. BLACK G

Citation:
22-15109 and 22-16341 (9th Circuit, Sep 16,2024) Published
Case Status:
Affirmed
Ruling:
An order reversing a bankruptcy court's decision to deny recognition of a foreign insolvency proceeding does not trigger the automatic stay of 11 U.S.C. § 1120 nunc pro tunc to the date of the...
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):

XP CAPITAL, LLC V. ARGONAUT MANUF

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 3 months 3 weeks 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.
  • 3 months 4 weeks 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):

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):

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

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 3 months 4 weeks ago
Citation:
23-60005 (9th Circuit, Sep 09,2024) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court decisions granting summary judgment in favor of the chapter 7 trustee on his 11 USC...
Judge(s):
Bea, Hamilton, and Christen
Tag(s):

MAIN STREET BUSINESS FUNDING, LLC V JOHN P. LANE, JR.

  • Summarized by David Banker , Womble Bond Dickinson
  • 4 months 4 days ago
Citation:
No. 23-2430 (3rd Circuit, Sep 05,2024) Not Published
Case Status:
Affirmed
Ruling:
Proceeds from embezzlement litigation was not collateral of a loan where the security agreement did not describe the litigation. Pennsylvania’s Article 9 of the Uniform Commercial Code ("UCC"),...
Judge(s):
Ambro, Circuit Judge
Tag(s):

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