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 1 month 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Case No. 14-817-bk(L) (2d Cir. Jan. 21, 2015) (Summary Order, not precedential)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...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 2 months ago
Citation:
Docket No. 12-4364-cv (2nd Cir. January 9, 2015)
Ruling:
Non-party parent of debtor in appellate litigation was not permitted to be substituted for its subsidiary that settled underlying litigation (through its bankruptcy trustee) and dismissed appeal,...
The Sixth Circuit held that the Chapter 7 trustee could not compel the turnover under Section 542 of a "good faith" deposit made by the debtor/purchaser pre-petition as part of a real estate...
December 23, 2014 Second Circuit Court of Appeals Docket No. 14-312-cv, 2014 U.S. App. LEXIS 24390
Ruling:
The Second Circuit Court of Appeals affirmed the District Court’s decision that the National Credit Union Administration Board (“NCUA”), acting as liquidating agent for a failed credit union...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
11 years 3 months ago
Citation:
5th Circuit Opinion of Dec. 12, 2014 in Case No. 13-60704 -Not Published
Ruling:
All four rulings of the District Court were upheld:
(1) Debtor's argument that the government was required to appeal his discharge in his prior bankruptcy proceedings, resulting in estoppel or...
Judge(s):
Fifth Circuit Court Judges King, Dennis and Clement
9th Cir. BAP Case No. ID-14-1049-KiDJu [Not for Publication]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel (“BAP”) in an order entered on June 23, 2014 determined that this matter was suitable for disposition without oral argument. The BAP ruled that based...
Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)
Ruling:
In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from...
Summarized by Laura Bartell , Wayne State University Law School
11 years 3 months ago
Citation:
No. 14-3401 (6th Cir. Dec. 10, 2014)
Ruling:
Order of Bankruptcy Appellate Panel reversing bankruptcy court order holding certain debts of chapter 7 debtor were not excepted from discharge under section 523(a)(2)(A) and (a)(6) and remanding...
Judge(s):
Batchelder and Rogers, Circuit Judges, and Beckwith, Senior District Judge sitting by designation
