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IN RE: JOHN FLISS

Summarizing by Shane Ramsey

In re: METAL RECOVERY SOLUTIONS, INC

Citation:
22-1081 (9th Circuit, Jan 17,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Nevada (BC) sustaining the objection of Geo-Logic Associates,...
Judge(s):
Julia W. Brand; Robert J. Faris; and William J. Lafferty III
Tag(s):

Highland Captl v. Highland Captl Mgmt

Citation:
22-10189 (5th Circuit, Jan 11,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit (1) upheld a bankruptcy court's order permitting a Reorganized Debtor to create/fund an "Indemnity Sub-Trust," in lieu of acquiring D&O insurance as...
Judge(s):
King, Stewart, and Haynes
Tag(s):

Electric Reliability v. Just Energy

Citation:
22-20424 (5th Circuit, Jan 05,2023) Published
Case Status:
Reversed and Remanded
Ruling:
28 U.S.C. § 1334(c)(1) provides a statutory basis for abstention that supplements--but does not subsume--judicially created abstention doctrines; and judicially-created abstention doctrines apply...
Judge(s):
Southwick, Graves, and Engelhardt
Tag(s):

Foster v. Aurzada

Citation:
22-10310, 22-10318 (5th Circuit, Jan 03,2023) Published
Case Status:
Affirmed
Ruling:
Affirming the U.S. District Court for the Northern District of Texas (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed that the U.S. Bankruptcy Court for the Northern District...
Judge(s):
Priscilla Richman; James C. Ho; and James L. Dennis
Tag(s):

Brian J. Kelly v. Peter Herrell

Citation:
21-2442, 21-2443 (7th Circuit, Dec 22,2022) Not Published
Case Status:
Affirmed
Ruling:
By withdrawing a motion to dismiss the involuntary petition that, in essence, alleged fraud in the proceedings and by failing to argue in the appeal to the district court an argument raised in the...
Judge(s):
ROVNER, SCUDDER, ST, EVE
Tag(s):

In re: DEBBIE REID O'GORMAN

Citation:
BAP No. NC-22-1062-BFT (9th Circuit, Dec 21,2022) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting summary judgment in favor of the chapter 7 trustee on the trustee's claims against the recipients of...
Judge(s):
Brand, Faris, and Taylor
Tag(s):

Frank McIntyre v. Dennis Fangman, et al.

Citation:
BAP No. CO-22-003 (10th Circuit, Dec 30,2022) Not Published
Case Status:
Affirmed
Ruling:
Interpleaded funds claimed by a debtor before the filing of a bankruptcy case are not property of the estate, and disbursement of such funds does not violate the automatic stay. As a result of the...
Judge(s):
HALL, LOYD, and THURMAN, Bankruptcy Judges
Tag(s):

Frank McIntyre v. Active Energies Solar, LLC, et al.

Citation:
22-004 (10th Circuit, Dec 30,2022) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Colorado (BC) to abstain from adjudicating the adversary...
Judge(s):
Sarah A. Hall; Janice D. Lloyd; and William T. Thurman
Tag(s):

In re: Julie Marie Wood

Citation:
No. 22-8003 (6th Circuit, Dec 13,2022) Published
Case Status:
Affirmed
Ruling:
Despite multiple "red herring arguments" Appellant's failure to meet the well-settled requirements for opposing a properly-supported summary judgment motion supported the bankruptcy court's finding.
Judge(s):
DALES, GUSTAFSON, and MASHBURN
Tag(s):

IN RE: LATAM AIRLINES GROUP S.A.,

Citation:
22-1940 (2nd Circuit, Dec 14,2022) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Second Circuit (Circuit) affirmed the August 31, 2022, order of the U.S. District Court for the Southern District of New York (DC) affirming a June 18, 2022, order...
Judge(s):
Pierre N. Leval; Denny Chin; and Eunice C. Lee
Tag(s):

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