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In re Millennium Lab Holdings LLC

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 6 years 2 months ago
Citation:
No. 18-3210 (Precedential) (3rd Circuit, Dec 19,2019) Published
Case Status:
Affirmed
Ruling:
The Third Circuit held the Bankruptcy Court had constitutional authority to confirm a reorganization plan containing third party releases of RICO/fraud claims by a lender against the debtor's...
Judge(s):
CHAGARES, JORDAN, and RESTREPO
Tag(s):

Permula Corporation v. Helson Pacheco (In re Pacheco)

Citation:
19-50318 (5th Circuit, Dec 17,2019) Not Published
Case Status:
Affirmed
Ruling:
The district court properly dismissed the plaintiff-appellant's appeal of the bankruptcy court's dismissal of the plaintiff's dischargeability complaint due to the plaintiff-appellant's failure to...
Judge(s):
STEWART, HIGGINSON, and COSTA
Tag(s):

LL Painting Co., Inc. v. Odyessy Contracting Corp

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 6 years 3 months ago
Citation:
UNITED STATES COURT OF APPEALS Case Nos. 19-1150 & 19-1151 (3rd Circuit, Dec 12,2019) Published
Case Status:
Affirmed
Ruling:
The debtor waived its right to appeal the Bankruptcy Court's decision by entering into a stipulation that was silent as to appeals and provided that if the Bankruptcy Court determined that debtor...
Judge(s):
Ambro, Circuit Judge
Tag(s):

Radiance Capital Receivables N v. Thomas Crow (In re Thomas Crow)

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 3 months ago
Citation:
BAP No. WY-18=083 & WY-18-086 (10th Circuit, Nov 26,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed bankruptcy court (D. Wyo.), which overruled objections to chapter 7 debtor's claim of millions of dollars in exemptions in entireties property. Under Wyoming law, half of...
Judge(s):
Cornish, Hall, Loyd
Tag(s):

Ultra Petroleum Corporation, et al v. Ad Hoc Commi

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 3 months ago
Citation:
No. 17-20793 (5th Circuit, Nov 26,2019) Published
Case Status:
Reversed and Remanded
Ruling:
On direct appeal, 5th Cir. reversed and remanded bankruptcy court (SD Tx.) ruling that class of noteholders were impaired by solvent debtor's chapter 11 plan that provided creditors with full...
Judge(s):
Davis, Engelhardt, Oldham
Tag(s):

In re Donnadio

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 6 years 3 months ago
Citation:
19-8004 (6th Circuit, Nov 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel has identified a flaw in the national Chapter 13 plan form. The BAP reversed the bankruptcy court's decision overruling an objection to confirmation and...
Judge(s):
Buchanan, Harrison and Wise; opinion by Wise
Tag(s):

Reach, Incorporated v. J. Smith

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 6 years 3 months ago
Citation:
19-60175 (5th Circuit, Nov 20,2019) Not Published
Case Status:
Affirmed
Ruling:
Adding judicial gloss to its earlier Sneed Shipbuilding decision, the Court explained that not all appeals are statutorily moot under 363(m), particularly where there is no evidence of "mutual...
Judge(s):
King, Graves, Willett (per curiam)
Tag(s):

In re Motors Liquidation Co.: Those Certain Post-Closing Accident

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 6 years 3 months ago
Citation:
18-1940 (2nd Circuit, Nov 19,2019) Published
Case Status:
Affirmed
Ruling:
New GM is not liable for punitive damage claims asserted by parties to post-Sale accidents involving automobiles manufactured by Old GM, even if New GM is liable for compensatory damages, because...
Judge(s):
Jacobs, Sack, Hall
Tag(s):

In re Shmuel Erde

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 3 months ago
Citation:
BAP No. CC-19-1023-STaL (9th Circuit, Nov 12,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) denying vexatious litigant's motion to vacate dismissal of bankruptcy 35 years prior. Bankruptcy court properly rejected debtor's...
Judge(s):
Spraker, Taylor, Lafferty
Tag(s):

In re Joseph and Judith Wilczak

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 3 months ago
Citation:
BAP No. NC-19-1038-FBG (9th Circuit, Nov 13,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing chapter 11 debtors' claim objection based on debtors' argument that signatures on mortgage documents were forgered,...
Judge(s):
Faris, Brand, Gan
Tag(s):

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