2:11-cv-01263-RSL (9th CA February 27, 2015) Not for Publication
Ruling:
The Ninth Circuit Court of Appeals reversed and remanded to the District Court with instructions to reinstate the partial discharge ordered by the bankruptcy court. The bankruptcy court's judgment...
Judge(s):
BEA and MURGUIA, Circuit Judges, and KOBAYASHI, District Judge.
File 15a0140n.06 (Case Nos. 14-1158,1172,1276) (Not recommended for publication)
Ruling:
In a case arising out of the commercial law dispute between lender and borrowers over the terms of a guaranty, the Sixth Circuit reversed the district court's decision to reform a guaranty and...
Judge(s):
Chief Judge Cole, Circuit Judge Griffin and District Judge Carr sitting by designation.
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court. Rule 7004(b)(9) Fed.R.Bankr.P. provides that service of a motion for stay...
Summarized by Dean Langdon , Gartland Thacker DelCotto PLLC
11 years 3 months ago
Citation:
15 FED App. 0002P; Docket Nos. 13-8054; 14-8018
Ruling:
The Bankruptcy Appellate Panel (BAP) affirms the Bankruptcy Court for the Northern District of Ohio, which a) imposed sanctions of $207,004 against a creditor's counsel; b) denied a motion to...
Judge(s):
Harrison, Humphrey and Preston; opinion by Humphrey
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 3 months ago
Citation:
No. 14-1422-bk (2nd Cir. February 11, 2015) (Summary Order)
Ruling:
In Summary Order, with no precedential effect, the Court held that individual debtors were collaterally estopped in the context of non-dischargeablity litigation in bankruptcy from relitigating...
Judge(s):
Barrington D. Parker, Peter W. Hall, and Debra Ann Livingston, Circuit Judges
Summarized by Bonnie Clair , U.S. Bankruptcy Court
11 years 4 months ago
Citation:
Hotel 71 Mezz Lender, LLC v. The National Retirement Fund, No. 14-2034, --- WL --- (7th Cir. Feb. 6, 2015)
Ruling:
The Court reversed and remanded a sua sponte grant of summary judgment against a party that also unsuccessfully moved for summary judgment. The Court found that, absent a record "clear beyond...
9th Circuit Bankruptcy Appellate Panel Nos. CC-14-1175-KuPaTa and CC-14-1224-KuPaTa
Ruling:
In the unpublished decisions, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling holding creditor Stephen Fade ("Faden") in contempt based on Faden knowing a...
File Name:15a0080n.06; Sixth Circuit Court of Appeals Case No. 14-1090
Ruling:
The Sixth Circuit reversed the district court's judgment with respect to its rulings that (1) "adequate assurance" is the proper standard for assessing the availability of funds under Section 7.03...
Judge(s):
Circuit Judges Boggs and Cook; and District Court Judge Quist, by designation
The circuit court affirmed the district court's ruling that the appellant lacked standing to opt out of or object to the reorganization plan on behalf of a putative class in a separate securities...
Judge(s):
Murtha, J. (sitting by designation); Walker, J.; Hall, J.
Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
11 years 4 months ago
Citation:
Case No. 14-817-bk(L) (2d Cir. Jan. 21, 2015) (Summary Order, not precedential)
Ruling:
Second Circuit held that the bankruptcy court abused its discretion when it denied a motion to reopen the bankruptcy case without considering what prejudice, if any, would result from granting the...
