First, in vacating the lower courts’ rulings finding the lease at issue not to be unexpired, the Court held that a lease is unexpired for purposes of section 365(d)(3) of the Bankruptcy Code...
In re: Philadelphia Newspapers, LLC, Case No. 11-3257 (3d Cir. July 26, 2012) (unpublished) (Ambro, J.)
Ruling:
EQUITABLE MOOTNESS: When deciding whether an appeal is equitably moot, a Court must consider all five factors set forth in In re: Continental Airlines, 91 F.3d 553, 560 (3d Cir. 1996). In...
In re American Capital Equipment, LLC, Case No. 10-2239 (3d Cir. July 25, 2012).
Ruling:
Time of Confirmability Determination
Bankruptcy judges can determine a Chapter 11 plan is unconfirmable without first holding a confirmation hearing where: (1) the plan is "patenty unconfirmable,...
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
13 years 10 months ago
Citation:
Case No. 11-3299 (7th Cir. July 17, 2012)
Ruling:
Court of Appeals upheld criminal convictions of Johns on all four counts of bankruptcy fraud under 18 U.S.C. § 152(8), 18 U.S.C. § 157, 18 U.S.C. § 1519, and 18 U.S.C. § 152(5). Court of...
Judge(s):
Easterbrook, Flaum and Wood. Opinion by Circuit Judge Flaum.
Kaler v. Charles (In re Charles), No. 12-6016 (B.A.P. 8th Cir. July 16, 2012)
Ruling:
Affirming bankruptcy court's denial of debtor's discharge under section 727(a)(4)(A) (debtor knowingly or fraudulently made a false oath).
Judge(s):
Bankruptcy Court (trial): Shon Hastings (D.N.D.);
B.A.P. 8th Circuit (appeal): Hon. Barry Schermer (author of opinion), Hon. Robert Kressel (Chief Judge), and Hon. Jerry Venters
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
13 years 11 months ago
Citation:
5th Cir. Tex. W.D. No. 5;20-CV-1031 UNPUBLISHED
Ruling:
Bankruptcy Court did not abuse its discretion in waiting to determine whether setoff was warranted before ordering payments from the bankruptcy estate for child support as it reasonably believed...
Beal Bank USA v. Windmill Durango Office, LLC, US Trustee, DP Air Corp., BAP No. NV-11-1728-DKiPa, NV-11-1737-DKiPa (Related appeals) (B.A.P. 9th Cir. July 6, 2012)
Ruling:
The bankruptcy court did not abuse its discretion by denying a secured creditor's Rule 3018(a) motion. That motion sought to amend a favorable plan confirmation vote cast by the assignor of the...
AFFIRMING the United States District Court for the Central District of Calfiornia, the Court of Appeals held that district court did not abuse its discretion by refusing to compel arbitration,...
Judge(s):
KLEINFELD AND SMITH (Circuit Judges) and MARBLEY (District Judge, sitting by designation)
In AFFIRMING a bankruptcy court's decision dismissing the debtor's filing of a second chapter 11 case, the Bankruptcy Appellate Panel for the Ninth Circuit held that the debtor failed to show an...
Judge(s):
Bankruptcy Appellate Panel Judges PAPPAS, DUNN and KRISCHER.
Case No. 11-8072, B.A.P. No. 10-53019 (6th Cir. E.D. Kentucky)
Ruling:
AFFIRMING bankruptcy court's order setting the market value of the Debtors' low-income housing tax credit properties and overruling the Debtors' and General Partners' Valuation Objection and Motion...
