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Gentry v. Siegel

  • Summarized by Brooke Schumm , Daneker, McIntire, Schumm, et al.
  • 14 years 1 month ago
Citation:
Gentry v. Siegel (In re Circuit City Stores, Inc.) Slip Opinion (for publication), Case No. 10-2418 (4th Cir. 2012)
Ruling:
A class proof of claim may be filed by a claimant, and a class may be certified pursuant to Rule 7023 under Rule 9014 subsequent to the filing of the putative class claim and at any time subsequent...
Judge(s):
Niemeyer, Shedd, Davis.
Tag(s):

Waite v. Cage (In re Moye)

  • Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
  • 14 years 2 months ago
Citation:
In the Matter of Marvin E. Moye, JMW Auto Sales; Joan M. Moye/ Waite v Cage/ 5th Cir
Ruling:
A judgement in favor of Trustee on Preference Claims pursuant to 547(b) against Waite, Jr. and Waite, III was affirmed. Agreeing with the District Court, the Fifth Circuit found that an...
Judge(s):
Higginbotham, Davis and Elrod
Tag(s):

In re Holly Marine Towing, Inc.

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
  • 14 years 2 months ago
Citation:
In re Holly Marine Towing, Inc., ---- WL ----, No. 11-1787 (7th Cir. Jan. 6, 2012)
Ruling:
The Court ruled that, notwithstanding the appellant's standing as the holder of an allowed Chapter 11 administrative claim against the now-converted debtor to seek to have an order approving a...
Judge(s):
Bauer, Manion, Kane
Tag(s):

Beirne, Maynard & Parsons, L.L.P. v. Cypresswood Land Partners (In re Cypresswood Land Partners)

  • Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
  • 14 years 2 months ago
Citation:
Unpublished Opinion
Ruling:
The district court's order that was appealed from had remnded the appeal back to the bankruptcy court for further factual development. The Fifth Circuit ruled that, in light of the remand order of...
Judge(s):
Clement, DeMoss and Elrod
Tag(s):

In re SEMCRUDE L.P.

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 14 years 2 months ago
Citation:
No. 11-1724 (3rd Cir. 2011) 2012 U.S. App. LEXIS 34
Ruling:
A creditor’s appeal of a bankruptcy court order confirming a chapter 11 plan of reorganization and disallowing an objection by the creditor with respect to payment of an alleged $50 million claim...
Judge(s):
SLOVITER , VANASKIE , Circuit Judges and Lawrence F. Stengel , United States District Court for the Eastern District of Pennsylvania, sitting by designation.
Tag(s):

Ortiz v. Aurora Health Care, Inc. (In re Ortiz)

  • Summarized by Jason Han , Jason Han Law
  • 14 years 2 months ago
Citation:
Ortiz v. Aurora Health Care, Inc. (In re Ortiz), Case No. 10-3465 (7th Cir., Dec. 30, 2011)
Ruling:
Relying upon Stern v. Marshall, the Seventh Circuit held that the bankruptcy court did not have constitutional authority to issue a final judgment in adversary proceedings involving claims defined...
Judge(s):
Daniel Tinder (7th Circuit), Ann Williams (7th Circuit), Joan Gottschall (Northern District of Illinois)
Tag(s):

Sutter v. U.S. National Bank (In re Sutter)

Citation:
Case No. 09-11816 (6th Cir., Jan. 3, 2012)
Ruling:
In affirming the district courts’ rulings in favor of debtors Daniel and Sheryl Sutter (the "Debtors"), the Sixth Circuit held that (i) an equitable mortgage does not exist on the Debtors...
Judge(s):
Cole, Batchelder, Siler, Circuit Judges.
Tag(s):

Michalski v. Coulson (In re Michalski)

  • Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
  • 14 years 2 months ago
Citation:
No. 10-3654; 11-0872 (6th Cir., December 21, 2011)
Ruling:
In affirrming the lower courts' rulings, the Sixth Circuit first observed that courts are divided over whether the exception to the automatic stay of Section 362(b)(1) is absolute, or dependent on...
Judge(s):
Guy, Kethledge, White
Tag(s):

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