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In re One2One Communications, LLC

  • Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
  • 10 years 10 months ago
Citation:
In re: One2One Commc’ns, LLC, Case No. 13-3410 (3d Cir. July 21, 2015)
Ruling:
The Third Circuit Court of Appeals ruled that the District Court abused its discretion in dismissing the appeal of a confirmed chapter 11 plan on grounds of equitable mootness.
Judge(s):
Chief Judge McKee; Judge Greenway, Jr.; and Judge Krause
Tag(s):

Boukatch v. Midfirst Bank (In re Boukatch)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 10 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. AZ-14-1483-KiPaJu (July 9, 2015)
Ruling:
In the issue of first impression before the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP reversed and remanded the bankruptcy court's order denying the Chapter 13 Debtors motion to...
Judge(s):
KIRSCHER, PAPPAS and JURY, Bankruptcy Judges.
Tag(s):

Crest One SpA v. TPG Troy, LLC (In the Matter of TPG Troy, LLC)

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 10 years 10 months ago
Citation:
2015 U.S. App. LEXIS 12085
Ruling:
Order affirming District Court affirming District Court decision affirming Bankruptcy Court 1) dismissing involuntary petition; 2) denying the petitioners’ motion to withdraw the reference; and...
Judge(s):
Winter, Pooler and Sack, Circuit Judges
Tag(s):

Dodev v. The Bank of NY Mellon

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 11 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. AZ-15-1013-JuKiPa (July 2, 2015)
Ruling:
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") ruling deemed not appropriate for publication, the BAP dismissed the appeal as moot. During the pending appeal, the Debtor's Chapter 11...
Judge(s):
JURY, KIRSCHER, and PAPPAS, Bankruptcy Judges.
Tag(s):

JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Prop. Inc. (In re Transwest Resort Prop. Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 11 months ago
Citation:
Ninth Circuit Court of Appeals Case No. 12-17176 (July 1, 2015)
Ruling:
The Ninth Circuit Court of Appeals reversed and remanded the district court's decision dismissing on equitable mootness grounds an appeal from bankruptcy court's order confirming a chapter 11 plan...
Judge(s):
Honorable J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges
Tag(s):

CarVal UK Ltd. v. Giddens (In The Matter of Lehman Brothers, Inc.)

  • Summarized by Ferve Ozturk , BakerHostetler
  • 10 years 11 months ago
Citation:
No. 14-890, Slip Op. (2d Cir. June 29, 2015)
Ruling:
The appellant was not a customer for purposes of the Securities Investor Protection Act because the Court's precedents require that a customer must have "entrusted" asset to a failed broker-dealer.
Judge(s):
Katzmann, Walker, Chin
Tag(s):

Ross v. Garcia (In re Garcia)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 10 years 11 months ago
Citation:
Ross v. Garcia (In re Garcia), 2015 WL 3889388, --- B.R. ---- (1st Cir. B.A.P. Jun. 24, 2015)
Ruling:
Regarding the order denying motion for reconsideration, the BAP found the creditor-appellant "failed to show exceptional circumstances justifying Rule 60(b)(6) relief" and further found no error in...
Judge(s):
Deasy, Finkle, Cary
Tag(s):

Smith and Stevenson v. First American Title Ins. Co. (In re Stevenson)

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 10 years 11 months ago
Citation:
No. 14-7048 : Stevenson v. First Am. Title Ins. Co. (D.C. Cir., 2015)
Ruling:
Affirming the Bankruptcy and District Courts that mortgagor, with actual knowledge of flaws in its execution of the controlling documents, is entitled to equitable subrogation as a matter of D. C....
Judge(s):
Senior Circuit Judge David B. Sentelle, Circuit Judges Thomas B. Griffith and Brett N. Kavanaugh. The Opinion for the Court filed by Judge Kavanaugh.
Tag(s):

Dreyfuss v Cory (In the Matter of Sheldon H. Cloobeck)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 10 years 11 months ago
Citation:
9th Cir. No. 13-15432 (June 12, 2015)
Ruling:
Chapter 7 trustee must obtain a court order authorizing the payment of federal income taxes as an administrative expense under § 503(b), after notice to creditors. Creditors' objection to Final...
Judge(s):
J. Clifford Wallace, Milan D. Smith, Jr., and Paul J. Watford, Circuit Judges.
Tag(s):

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