Home » Bankruptcy Process and Procedure

Nabors Offshore Corporation v. Whistler Energy II, LLC

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 4 months 1 week ago
Citation:
18-30940 (5th Circuit, Jul 26,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
When can post-rejection damages be allowed as administrative expenses? The Court clarified: Claimant can prove "necessity" through "evidence of either a direct request from the...
Judge(s):
Higginson, Owen, Southwick
Tag(s):

Kenneth Benjamin v. United States of America

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 4 months 1 week ago
Citation:
18-20185 (5th Circuit, Jul 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The plain meaning of section 405(h) of the Social Security Act did *not* bar a bankruptcy court from exercising jurisdiction over the debtor's claims under 28 USC 1334. The Fifth Circuit sided...
Judge(s):
Clement, Graves and Oldham
Tag(s):

Harold Jones v. The Brand Law Firm (In re: Alice Belmonte)

  • Summarized by Nascine Howell , Seyfarth Shaw LLP
  • 4 months 1 week ago
Citation:
No. 18-2098 (2nd Circuit, Jul 25,2019) Published
Case Status:
Affirmed
Ruling:
The Second Circuit Court of Appeals affirmed the bankruptcy court’s decision, finding that the trustee’s recovery of a portion of the proceeds from the debtor’s unauthorized post-petition...
Judge(s):
Calabresi, Lynch and Lohier, Circuit Judges
Tag(s):

Cranberry Growers Cooperative v. Patrick Layng

  • Summarized by Bonnie Clair , Summers Compton Wells LLC
  • 4 months 2 weeks ago
Citation:
No. 1:17-bk-13318-cjf (7th Cir. July 17, 2019) (7th Circuit, Jul 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the ruling below, the Seventh Circuit found "disbursement" to be an "expansive term" covering all payments made by or for a debtor, including direct payments to revolving lines of credit....
Judge(s):
Ripple, Manion, Sykes
Tag(s):

Rodney Tow v. Organo Gold Intl, Inc., et al

  • Summarized by J Newman , Newman & Newman
  • 4 months 3 weeks ago
Citation:
. 18-20394 (5th Circuit, Jul 11,2019) Not Published
Case Status:
Affirmed
Ruling:
A chapter 7 trustee was not deprived of standing to sue defendants for misappropriation of trade secrets, even though the trustee's court-approved sale agreement with a third-party buyer purported...
Judge(s):
HAYNES, GRAVES, and DUNCAN,
Tag(s):

SEC, et al v. Stanford International Bank, et a

  • Summarized by Paul Stewart , Stewart Robbins & Brown, LLC
  • 5 months 2 weeks ago
Citation:
No. 17-10663 (5th Circuit, Jun 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
Judge(s):
Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
Tag(s):

UMB Bank, National Association v. Berry Petroleum (In re Linn Energy)

  • Summarized by Craig Geno , Craig M. Geno, PLLC
  • 5 months 3 weeks ago
Citation:
18=40443 (5th Circuit, Jun 14,2019) Published
Case Status:
Affirmed
Ruling:
Secured creditor group was not entitled, under the confirmed Plan of Reorganization (which it had accepted), to post-petition default interest (even though the group was fully secured and its debt...
Judge(s):
Stewart, Southwick and Engelhardt
Tag(s):

Life Partners Creditors' Trust, et al v. James Sun

  • Summarized by J Newman , Newman & Newman
  • 6 months 4 days ago
Citation:
No. 17-11477 (5th Circuit, May 31,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
AFFIRM the district court’s judgment of dismissal as to Counts 5, 8, 11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND
Judge(s):
ELROD, HIGGINSON, and ENGELHARDT, Circuit Judges
Tag(s):

In re Roberson

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 6 months 1 week ago
Citation:
17-8041 (6th Circuit, May 30,2019) Not Published
Case Status:
Affirmed
Ruling:
In an opinion designated as precedential only to the parties, the Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the Bankruptcy Court ruling that a landlord's claim for residential rent...
Judge(s):
Buchanan, Dales and Humphrey, opinion by Buchanan
Tag(s):

Banner Bank v. Robertson (In re Robertson)

Citation:
No. 18-4060 (10th Circuit, May 29,2019) Published
Case Status:
Affirmed
Ruling:
While the 14-day deadline in Fed. R. Bankr. P. 9023 is not jurisdictional, the failure to file a Rule 9023 motion within the 14-day deadline in Rule 9023 results in the the expiration of the...
Judge(s):
HOLMES, BACHARACH, and PHILLIPS
Tag(s):

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