Talarico v. Ultra Petroleum

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
• 2 months 3 weeks ago

Citation:

21-20049 (5th Circuit, Apr 01,2022) Not Published

Case Status:

Affirmed

Ruling:

Affirmed the District Court's dismissal of a challenge, asserted by a former shareholder of the Debtor, to the bankruptcy court's Chapter 11 confirmation order, finding in part that: "if the...

Judge(s):

Higginson, Willett, and Ho.

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• 11 U.S.C § 1129

In re: ORLAND LTD.; VANDEVCO LIMITED

• Summarized by Amir Shachmurove , Reed Smith LLP
• 3 months 3 days ago

Citation:

21-1176 & 21-1200 (9th Circuit, Mar 25,2022) Not Published

Case Status:

Affirmed

Ruling:

Seeing no error and thus no abuse of discretion, the Bankruptcy Appellate Panel of the Ninth Circuit affirmed orders, issued by the U.S. Bankruptcy Court for the Western District of Washington...

Judge(s):

Julia W. Brand; Gary A. Spraker; and Scott H. Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Bankruptcy Litigation
• Claims
• Court Administration
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Govt. Claims/Sovereign Immunity
• Health Care
• Hospitality, Entertainment Venues and Gaming
• International Insolvency
• Investment Banking
• Labor/Employment
• Lender Liability
• Public Companies and Claims Trading
• Real Estate
• Small Business
• Telecom/Tech
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 8014(f); Fed. R. Bankr. P. 9027
• 28 U.S.C § 1334; 28 U.S.C. § 1452

In re: George J. McPherson

• Summarized by J. Debbeler , Graydon Head & Ritchey LLP
• 3 months 18 hours ago

Citation:

21-8011/8012 (Consolidated) (6th Circuit, Mar 21,2022) Published

Case Status:

Reversed

Ruling:

Sixth Circuit BAP reversed Bankruptcy Court's holding that the penalty imposed on a taxpayer under the Affordable Care Act (26 U.S.C. Sec. 5000A) ("ACA") was not a tax on or measured by income but...

Judge(s):

Croom, Dales (dissenting) and Stout (opinion author)

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Claims
• Consumer Bankruptcy
• Professional Practice Areas
• Bankruptcy Taxation
• Health Care
• Section 507(a)(8)

In re- Howard D. Juntoff

• Summarized by Amir Shachmurove , Reed Smith LLP
• 3 months 1 week ago

Citation:

21-8011 & 21-8012 (6th Circuit, Mar 21,2022) Published

Case Status:

Reversed

Ruling:

Hearing consolidated appeals arising from two chapter 13 cases that presented solely legal issues, with one dissent, the Bankruptcy Appellate Panel of the Sixth Circuit (BAP) reversed the...

Judge(s):

Alan C. Stout; James L. Croom; and Scott W. Dales

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Govt. Claims/Sovereign Immunity
• Fed. R. Bankr. P. 3001; Fed. R. Bankr. P. 3002; Fed. R. Bankr. P. 3007
• 11 U.S.C. § 507(a)(8)(A); 11 U.S.C. § 507(a)(8)(E)

In re- JAMES E. DETIEGE and AMY A. DETIEGE

• Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
• 3 months 1 week ago

Citation:

ID-21-1177-GBS; 2022 WL 843374 (B.A.P. 9th Cir. March 22, 2022) (9th Circuit, Mar 22,2022) Not Published

Case Status:

Affirmed

Ruling:

Affirming the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel (the “BAP”) held that the bankruptcy court did not abuse its discretion when it found that Appellee’s...

Judge(s):

Hon. Scott H. Gann; Hon. Julia W. Brand; Hon. Gary A. Spraker (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by Hon. Joseph M. Meier (Chief Bankruptcy Judge for the District of Idaho)

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 523

In re: PETER SZANTO

• Summarized by Amir Shachmurove , Reed Smith LLP
• 3 months 5 days ago

Citation:

21-1118 (9th Circuit, Mar 22,2022) Not Published

Case Status:

Affirmed

Ruling:

Finding no error and hence no abuse of discretion, the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the order of the U.S. Bankruptcy Court for the District of Oregon (BC) awarding...

Judge(s):

Scott H. Gan; Julia W. Brand; and Gary A. Spraker

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Professional Compensation/Fees
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 2016
• 11 U.S.C. § 327; 11 U.S.C. § 330

In re- BRUCE ELIEFF

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 months 4 days ago

Citation:

BAP No. CC-21-1081-SFL (9th Circuit, Mar 21,2022) Published

Case Status:

Affirmed

Ruling:

A damages award for breach of a settlement agreement that (i) required one party to transfer his interests in various entities to another person in exchange for payments over time, (ii) made the...

Judge(s):

SPRAKER, FARIS, and LAFFERTY, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims

In re - HARLAN PAGE CONFER, III and CHARLOTTE CLUFF CONFER

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 months 2 weeks ago

Citation:

BAP No. EC-21-1140-TBG (9th Circuit, Mar 10,2022) Not Published

Case Status:

Reversed and Remanded

Ruling:

A contract to sell real property is no longer executory, regardless of what performance has not been completed, if a state court has entered an order compelling specific performance. Because a...

Judge(s):

TAYLOR, BRAND, and GAN, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Executory Contracts/Leases
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 362(d)
• 365

In re- FINNIAN OSAKPAMWAN EBUEHI and ELIZABETH OLOHIRERE EBUEHI

• Summarized by Amir Shachmurove , Reed Smith LLP
• 3 months 3 weeks ago

Citation:

21-1199 (9th Circuit, Mar 08,2022) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Central District of California (BC) that two chapter 7 debtors in a joint case -...

Judge(s):

Robert J. Faris; William J. Lafferty III; and Laura S. Taylor;

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Fed. R. Bankr. P. 7001
• 11 U.S.C. § 727(a)(3); 11 U.S.C. § 727(a)(5); 11 U.S.C. § 727(a)(6)

IN RE: DONALD WAYNE HARSHAW

• Summarized by Amir Shachmurove , Reed Smith LLP
• 4 months 6 days ago

Citation:

21-1423 (7th Circuit, Feb 23,2021) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the ruling of the district court deeming an arbitrator's binding award of half the increase in value of the retirement savings...

Judge(s):

David F. Hamilton; Diane S. Sykes; and Michael S. Kanne

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Practice and Procedure
• Valuation
• Venue/Jurisdiction
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Family/Divorce Issues
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Small Business
• 11 U.S.C § 523(a); 11 U.S.C § 523(a)(5); 11 U.S.C § 101(14A)

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