Home » Bankruptcy Process and Procedure

Orr v. Husch Blackwell, LLP

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 7 years 11 months ago
Citation:
No. 17-3214 (10th Circuit, Apr 12,2018) Published
Case Status:
Affirmed
Ruling:
A former officer and shareholder of bankrupt companies did not have standing to sue counsel for the Chapter 11 trustee and special master for malpractice. With absolutely no reference to the Barton...
Judge(s):
MORITZ, McKAY, and KELLY
Tag(s):

Johnson v. W3 Investment Partners, LP

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 11 months ago
Citation:
BAP No. SC-17-1194-LBF (9th Circuit, Apr 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed summary judgment entered by bankruptcy court (SD Cal.) on 523(a)(2)(A) claim. Bankruptcy court properly gave preclusive effect to prepetition stipulated judgment. BAP...
Judge(s):
Lafferty, Brand, Faris
Tag(s):

Fitzhugh v. Birdsell

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 10 months ago
Citation:
AZ-17-1141-BLKu (9th Circuit, Apr 13,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Circuit reversed and remanded judgment of bankruptcy court (D. Az.) revoking debtor's discharge under 11 USC 727. Bankruptcy court applied incorrect standard of law. Trustee was...
Judge(s):
Brand, Lafferty, Kurtz
Tag(s):

Lewis v. Kaelin (In re Cresta Technology Corp.)

  • Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
  • 7 years 11 months ago
Citation:
NC-17-1186-BSTa (9th Circuit, Apr 06,2018) Published
Case Status:
Affirmed
Ruling:
An ordinary check delivered to the creditor pre-petition, but honored post-petition, was transferred on the date of honor for purposes of § 549(a).
Judge(s):
Brand, Spraker, and Taylor
Tag(s):

Sprague v. Williams (In re van Winkle)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 11 months ago
Citation:
BAP Nos. NM-17-031, 17-032, 17-033 (10th Circuit, Apr 03,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 10th Circuit affirmed in part, reversed in part, and remanded bankruptcy court's (D. NM) order denying defendants' motion to dismiss and entering judgment in favor of plaintiff. BAP ruled...
Judge(s):
Karlin, Nugent, Mosier
Tag(s):

Murtaza v. Slaten (in re Murtaza)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 11 months ago
Citation:
BAP No. CC-17-1153-SKuTa (9th Circuit, Apr 02,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment denying discharge entered by bankruptcy court (C.D. Cal.). Circumstantial evidence and inferences from debtor's conduct established debtor's actual fraudulent...
Judge(s):
Spraker, Kurtz, Taylor
Tag(s):

Fred Martin Motor Co. v. Spitzer Autoworld Akron, LLC

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 7 years 11 months ago
Citation:
Fred Martin Motor Co. v. Spitzer Autoworld Akron, LLC, Case No. 17-1161 (6th Circuit, Apr 04,2018) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the District Court's decision, holding that collateral estoppel precludes Spitzer from challenging the original no-preclusion decision that it had intentionally failed...
Judge(s):
NORRIS, ROGERS, and BUSH (opinion of Court by ROGERS)
Tag(s):

Aniel v. ResCap Borrower Claims Trust (In re Residential Capital LLC

  • Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
  • 7 years 11 months ago
Citation:
17-1163-bk (2nd Circuit, Apr 04,2018) Not Published
Case Status:
Affirmed
Ruling:
The Second Circuit affirmed the judgment of the district court and bankruptcy court orders disallowing appellants claims.
Judge(s):
Robert D. Sack, Peter W. Hall, Christopher F. Droney
Tag(s):

Gardens Regional Hospital and Medical Center, Inc. v. State of CA

  • Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
  • 7 years 11 months ago
Citation:
CC-17-1198-LKuF (9th Circuit, Mar 12,2018) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not err in ruling that withholding of a percentage of (Medi-Cal Payments and Supplemental HQA Payments) payments owed to the debtor to recover unpaid quarterly fees was...
Judge(s):
Lafferty, Kurtz, and Faris
Tag(s):

Havens v. Arnold Leong (In re Leong Partnership)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 7 years 11 months ago
Citation:
NC-17-1015-STaB; NC-17-1034-STaB (related appeals) (9th Circuit, Mar 23,2018) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's summary judgment dismissing involuntary chapter 11 petition filed against alleged debtor Leong Partnership affirmed.
Judge(s):
Spraker, Taylor, Brand
Tag(s):

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