Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 8 months ago
Citation:
File Name: 11a0606n.06; Sixth Circuit Court of Appeals Case no. 09-1087; Not Recommended for Full-Text Publication
Ruling:
The Sixth Circuit Court of Appeals affirmed the bankruptcy court rulings on the Title Claim, the Woods Claim and the Sanctions Award (all defined below). The Court of Appeals held that the Rankins...
Judge(s):
Opinion by Judge Lesley Wells, District Judge for the Northern District of Ohio, sitting by designation.
A bankruptcy court's approval of a settlement will be upheld unless no reasonable person could agree with the decision to approve the settlement. Deference is given to the court that has overseen...
Affirming the judgments of the district court and the bankruptcy court below, the Seventh Circuit held that a secured creditor's failure to file a proof of claim pursuant to Bankruptcy
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
14 years 9 months ago
Citation:
No. 10-10617
Ruling:
1. The District Court acted within its power when it issued a preliminary injunction prior to deciding an outstanding motion to compel arbitration.
2. The District Court did not abuse its...
Jacks v. Wells Fargo Bank, N.A. (In re Jacks), No. 09-16146 (11th Cir. June 7, 2011)
Ruling:
The Eleventh Circuit affirmed entry of summary judgment in favor of Wells Fargo finding that (1) the mere recordation internally by Wells Fargo of post-petition attorneys fees incurred in filing a...
Summarized by Amy Quackenboss , American Bankruptcy Institute
15 years 1 week ago
Citation:
C.O.P. Coal Development Co. V. C.W. Mining Co. (In re C.W. Mining Co.), Case No. 10-4054 (10th Cir., April 19, 2011)
Ruling:
The Tenth Circuit upheld the decision of the bankruptcy court, which determined that the Coal Operating Agreement between the debtor and C.O.P. was property of the estate and could be assumed and...