Home » Bankruptcy Process and Procedure

Connolly v. Morreale (In re Morreale)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 10 months 1 week ago
Citation:
BAP No. CO-18-063 (10th Circuit, Jan 22,2019) Published
Case Status:
Affirmed
Ruling:
Chapter 7 trustee, who had obtained an order in the Chapter 11 case of debtor's single-member LLC substituting himself for debtor as manager of LLC and authorizing him to manage and operate LLC's...
Judge(s):
Nugent, Michael, and Somers
Tag(s):

Ultra Petroleum Corp., et al v. Ad Hoc Committee of Unsecured Creditors of Ultra Resources Inc. (In re Ultra Petroleum Corp.)

  • Summarized by J Newman , Newman & Newman
  • 10 months 2 weeks ago
Citation:
No. 17-20793 (5th Circuit, Jan 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Code impairment is not the same thing as plan impairment. Because the bankruptcy court found otherwise, it did not address whether the Code disallows the Make-Whole Amount or post-petition...
Judge(s):
DAVIS, ENGELHARDT, and OLDHAM, Circuit Judges
Tag(s):

Bennett v Garner

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 10 months 2 weeks ago
Citation:
No. 18-1531 (4th Circuit, Jan 16,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The 4th Circuit held that a state court judgment confirming an arbitration award did not preclude plaintiff’s fraudulent transfer claims and alter-ego claims under doctrine of res judicata. With...
Judge(s):
Keenan, Floyd, and Thacker.
Tag(s):

Slovak v. Loveridge (In re Eurogas)

Citation:
17-4197 (10th Circuit, Jan 04,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
When deciding whether to allow or disallow a trustee to abandon an asset, a bankruptcy court must (1) identify the legal definition of the terms “burdensome” and “inconsequential,” (2) make...
Judge(s):
Bacharach, Ebel, Moritz (Ebel) (Bacharach concurring)
Tag(s):

IN RE: LICKING RIVER MINING, LLC

  • Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
  • 11 months 1 week ago
Citation:
17-6310 (6th Circuit, Dec 28,2018) Published
Case Status:
Affirmed
Ruling:
Fees of debtor and committee professionals were properly payable from "carveout" contained in Final Cash Collateral Order, notwithstanding conversion of case to Chapter 7 and despite lender's...
Judge(s):
Merritt, Daughtrey, and Stranch
Tag(s):

IN RE: WALTER ENERGY, INC.

Citation:
16-13483 (11th Circuit, Dec 27,2018) Published
Case Status:
Affirmed
Ruling:
In affirming the district court's ruling, the Eleventh Circuit held that the bankruptcy court had the authority to modify the premiums that Walter Coal owed to two funds which it established to...
Judge(s):
Martin, Jill Pryor and Anderson
Tag(s):

IN RE: TH PROPERTIES

  • Summarized by Nascine Howell , Seyfarth Shaw LLP
  • 11 months 1 week ago
Citation:
No. 17-1922 (3rd Circuit, Nov 28,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Third Circuit Court of Appeals vacated the district court’s order and remanded for further consideration, finding, in part, that the bankruptcy court and district court erred when they found...
Judge(s):
Ambro, Restrepo, and Fuentes, Circuit Judges
Tag(s):

IN RE: BOYCE

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 11 months 6 days ago
Citation:
BAP Nos. CC-18-1052-STaL, CC-18-1058-STaL (Consolidated), 2018 WL 6565685 (9th Cir. Dec. 12, 2018) (9th Circuit, Dec 12,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP of the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) granting summary judgment to creditor on an issue of whether debtor should be barred from relitigating the fraud...
Judge(s):
Spraker, Taylor, Lafferty
Tag(s):

IN RE: MARITIME COMMUNICATIONS/LAND MOBILE L.L.C.

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 11 months 2 weeks ago
Citation:
17-60742 (5th Circuit, Dec 20,2018) Not Published
Case Status:
Affirmed
Ruling:
Affirmed the dismissal of claimant's appeal of a confirmed chapter 11 plan because appellant failed to demonstrate "person aggrieved" bankruptcy standing. Claimant filed a proof of claim in the...
Judge(s):
Per Curiam (Smith, Wiener, Willett)
Tag(s):

IN RE; RAEL

  • Summarized by Scott Gautier , Robins Kaplan LLP
  • 11 months 3 weeks ago
Citation:
No. 18-8026 (10th Circuit, Dec 07,2018) Published
Case Status:
Affirmed
Ruling:
Tenth Circuit affirmed ruling of U.S. District Court (D. Wyo.), which affirmed rulings and reversed rulings of bankruptcy court. Notwithstanding post-confirmation closing of chapter 11 case,...
Judge(s):
Lucero, Kelly, Phillips
Tag(s):

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