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Roach v. Marshack (In re Roach)

  • Summarized by Lars Fuller , BakerHostetler
  • 1 month 1 week ago
Citation:
No. CC-18-1144-KuTaF, 2019 WL 408628 (9th Circuit, Jan 29,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (C.D. Cal.) granting chapter 7 trustee's sale motion over debtor's objection. Debtor waived appeal of disbursement of sale proceeds after...
Judge(s):
Kurtz, Taylor, Faris
Tag(s):

Altair Global Credit Opp. v Employees Retirement System (In re Oversight and Management Board for Puerto Rico)

Citation:
18-1836; 18-1837; 18-1841; 18-1855; 18-1858; 18-1868; (1st Circuit, Jan 30,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Court of Appeals agreed with the holding that the 2008 Financing Statements did not perfect the Bondholders' security interest in the Pledged Property, but determined that Bondholders met the...
Judge(s):
Lynch, Stahl and Kayatta
Tag(s):

Terry Giese v. Lexington Coal Co. (In re HNRC Dissoultion Co.)

  • Summarized by Ryan Heilman , Wernette Heilman PLLC
  • 1 month 2 weeks ago
Citation:
18-5674 (6th Circuit, Jan 24,2019) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the rulings of the Bankruptcy Court and 6th Cir. BAP, (i) finding that jurisdiction existed for removal of the case from state court to the District Court (and referral...
Judge(s):
MERRITT, GUY, and MOORE
Tag(s):

Connolly v. Morreale (In re Morreale)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 1 month 2 weeks ago
Citation:
BAP No. CO-18-063 (10th Circuit, Jan 22,2019) Published
Case Status:
Affirmed
Ruling:
Chapter 7 trustee, who had obtained an order in the Chapter 11 case of debtor's single-member LLC substituting himself for debtor as manager of LLC and authorizing him to manage and operate LLC's...
Judge(s):
Nugent, Michael, and Somers
Tag(s):

Ultra Petroleum Corp., et al v. Ad Hoc Committee of Unsecured Creditors of Ultra Resources Inc. (In re Ultra Petroleum Corp.)

  • Summarized by Walter Newman , Newman & Newman
  • 1 month 3 weeks ago
Citation:
No. 17-20793 (5th Circuit, Jan 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Code impairment is not the same thing as plan impairment. Because the bankruptcy court found otherwise, it did not address whether the Code disallows the Make-Whole Amount or post-petition...
Judge(s):
DAVIS, ENGELHARDT, and OLDHAM, Circuit Judges
Tag(s):

Bennett v Garner

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 1 month 3 weeks ago
Citation:
No. 18-1531 (4th Circuit, Jan 16,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The 4th Circuit held that a state court judgment confirming an arbitration award did not preclude plaintiff’s fraudulent transfer claims and alter-ego claims under doctrine of res judicata. With...
Judge(s):
Keenan, Floyd, and Thacker.
Tag(s):

Slovak v. Loveridge (In re Eurogas)

Citation:
17-4197 (10th Circuit, Jan 04,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
When deciding whether to allow or disallow a trustee to abandon an asset, a bankruptcy court must (1) identify the legal definition of the terms “burdensome” and “inconsequential,” (2) make...
Judge(s):
Bacharach, Ebel, Moritz (Ebel) (Bacharach concurring)
Tag(s):

IN RE: LICKING RIVER MINING, LLC

  • Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
  • 2 months 2 weeks ago
Citation:
17-6310 (6th Circuit, Dec 28,2018) Published
Case Status:
Affirmed
Ruling:
Fees of debtor and committee professionals were properly payable from "carveout" contained in Final Cash Collateral Order, notwithstanding conversion of case to Chapter 7 and despite lender's...
Judge(s):
Merritt, Daughtrey, and Stranch
Tag(s):

IN RE: WALTER ENERGY, INC.

Citation:
16-13483 (11th Circuit, Dec 27,2018) Published
Case Status:
Affirmed
Ruling:
In affirming the district court's ruling, the Eleventh Circuit held that the bankruptcy court had the authority to modify the premiums that Walter Coal owed to two funds which it established to...
Judge(s):
Martin, Jill Pryor and Anderson
Tag(s):

IN RE: TH PROPERTIES

  • Summarized by Nascine Howell , U.S. Bankruptcy Court, District of New Jersey
  • 2 months 2 weeks ago
Citation:
No. 17-1922 (3rd Circuit, Nov 28,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Third Circuit Court of Appeals vacated the district court’s order and remanded for further consideration, finding, in part, that the bankruptcy court and district court erred when they found...
Judge(s):
Ambro, Restrepo, and Fuentes, Circuit Judges
Tag(s):

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