Home » Bankruptcy Process and Procedure

Delaney v. Messer (In re Delaney)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 4 months 4 weeks ago
Citation:
No. 23-434 (L) (2nd Circuit, Aug 08,2024) Published
Case Status:
Dismissed
Ruling:
For lack of appellate jurisdiction under 28 U.S.C. § 158(d)(1), the U.S. Court of Appeals for the Second Circuit dismissed a chapter 7 debtor's appeal of an order denying his motion to dismiss his...
Judge(s):
JACOBS, PARK, and NATHAN
Tag(s):

STEVEN P. KARTZMAN V. LATOC, INC. : "THE MALL AT THE GALAXY"

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 5 months 3 days ago
Citation:
23-1906 (3rd Circuit, Aug 07,2024) Not Published
Case Status:
Affirmed
Ruling:
In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court affirming the decision of the Bankruptcy Court finding in favor of the chapter 7 trustee avoiding a...
Judge(s):
CHAGARES, Chief Judge, PORTER and SCIRICA, Circuit Judges
Tag(s):

In re Cambrian Holding Co., Inc

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
  • 5 months 3 days ago
Citation:
23-5507 (6th Circuit, Aug 06,2024) Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the bankruptcy court’s “Declaration Order,” which had clarified that its previous orders barred the lessor-appellant from challenging the validity of a lease...
Judge(s):
Gibbons, Bush, and Murphy
Tag(s):

McIntyre v. Fangman, et al.

  • Summarized by Leo Weiss , Office of the U.S. Trustee
  • 5 months 5 days ago
Citation:
23-1048 (10th Circuit, Aug 02,2024) Not Published
Case Status:
Affirmed
Ruling:
McIntyre had business disputes with Fangman. After interpleading the amount he admitted owing in a state court, he filed a pro se Chapter 13 bankruptcy in which he challenged the state court's...
Judge(s):
Matheson, Eid and Carson
Tag(s):

McIntyre v. Active Energies Solar, et al.

Citation:
23-1052 (10th Circuit, Aug 02,2024) Published
Case Status:
Affirmed
Ruling:
Section 1334(d) of title 28 of the United States Code establishes that a Circuit Court of Appeals does not have jurisdiction to review a bankruptcy court's permissive abstention from hearing a...
Judge(s):
MATHESON, EID, and CARSON, Circuit Judges
Tag(s):

Congoleum Corporation V. Bath Works Corporation

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 5 months 4 days ago
Citation:
23-1295 (3rd Circuit, Aug 01,2024) Published
Case Status:
Affirmed
Ruling:
In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court finding that the Bankruptcy Court lacked good cause to reopen the former confirmed chapter 11 case of...
Judge(s):
CHAGARES, Chief Judge, MATEY and FUENTES, Circuit Judges
Tag(s):

BYRON F. DAVID v. DONALD F. KING,

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
  • 5 months 1 week ago
Citation:
23-1856 (4th Circuit, Jul 26,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Fourth Circuit held that § 327(a) does not permit former trustees to file post-hoc applications to employ professionals for work done while they were trustees if the case has already been...
Judge(s):
Quattlebaum, Richardson, and Wilkinson
Tag(s):

In re Vista-Pro Auto., LLC - Middle District of Tennessee at Nashville

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 5 months 1 week ago
Citation:
23-5881 (6th Circuit, Jul 26,2024) Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit Court of Appeals affirmed lower court decisions district court denying a motion to set aside a default judgment under Rule 60(b)(4) of the Federal Rules of Civil...
Judge(s):
Larsen, Boggs and McKeague. Opinion by Larsen. Dissent by McKeague.
Tag(s):

MONTE MASINGALE, ET AL V. JOHN D.

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 5 months 1 week ago
Citation:
22-60050, 22-60053 (9th Circuit, Jul 26,2024) Published
Case Status:
Reversed and Remanded
Ruling:
A panel for the Ninth Circuit Court of Appeals reversed the decision of the Bankruptcy Appellate Panel holding that the debtor was allowed to exempt "100% of FMV" of a property as a homestead...
Judge(s):
Gould, Bress, and Koh
Tag(s):

LTL MANAGEMENT LLC

Citation:
23-2971 and 23-2972 (3rd Circuit, Jul 25,2024) Not Published
Case Status:
Affirmed
Ruling:
A debtor is ineligible for bankruptcy in the Third Circuit if it cannot show that it is in financial distress. A debtor's mere forecast of blockbuster verdicts against it, or the "attenuated"...
Judge(s):
RESTREPO, FREEMAN, and AMBRO, Circuit Judges
Tag(s):

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