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Wayne Lyle, et al v. Fulcrum Loan Holdings, LLC, et al

Summarizing by Paris Gyparakis

The Slovak Republic v. Loveridge (In re Eurogas, Inc.)

Citation:
16-6014 (10th Circuit, Nov 17,2017) Published
Case Status:
Affirmed
Ruling:
The appellant, Hefner, did not have standing to appeal the district court's order holding that Hefner had standing to object to a settlement approved by the bankruptcy court. The court of appeals...
Judge(s):
KELLY, MURPHY, MORITZ
Tag(s):

Elliot v. Ward (In re Sandridge Energy, Inc. Shareholder Derivative Litigation)

Citation:
16-6014 (10th Circuit, Nov 17,2017) Published
Case Status:
Affirmed
Ruling:
The plaintiff in a state-court shareholder derivative suit was not entitled to additional discovery because his claims, other than for attorney's fees, had been mooted by confirmation of a Chapter...
Judge(s):
KELLY, MURPHY, MORITZ
Tag(s):

Sheedy v. Bankowski

Citation:
17-1407 (1st Circuit, Nov 16,2017) Published
Case Status:
Affirmed
Ruling:
In this case lies a warning to all attorneys -- the bankruptcy court did not abuse its discretion in denying the debtor's motion to extend the time for her to file an appeal. The debtor's...
Judge(s):
Howard, Torruella, Lynch
Tag(s):

Burdette v. Emerald Partners, LLC (In re Cascade Ag Services, Inc.)

Citation:
WW-17-1006-BKuF, WW-17-1007-BKuF (Cross-Appeals) (9th Circuit, Nov 02,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's ruling that the debtor's transfer of 2/3 of the proceeds from its 2011 blueberry crop was avoidable as a fraudulent transfer and that the intended...
Judge(s):
BRAND, KURTZ, FARIS
Tag(s):

USA v. Fadden

Citation:
No. 17-1400 (7th Circuit, Nov 01,2017) Not Published
Case Status:
Affirmed
Ruling:
The district court’s refusal to allow the defendant’s theory-of-defense jury instruction did not deny him a fair trial where the proposed instruction restated the court’s charge to the jury...
Judge(s):
Easterbrook, Kanne, and Williams
Tag(s):

Momentive Performance Materials, Inc. v. Bokf, NA (In the Matter of MPM Silicones, L.L.C.)

Citation:
15-1771, 15-1682, 15-1824 (2nd Circuit, Oct 20,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Second Circuit affirmed the lower court's rulings concerning priority of the Second-Lien Holders over the Subordinate Notes holders; affirmed lower court's ruling finding Senior Lien Holders...
Judge(s):
Cabranes, Pooler and Parker
Tag(s):

Schepis v. Burtch (In re Pursuit Capital Management, LLC)

Citation:
No. 16-3953 (Pursuit Capital Mgmt. Fund I, L.P. v. Burtch (In re Pursuit Capital Mgmt., LLC), 2017 U.S. App. LEXIS 20889) (3rd Circuit, Oct 24,2017) Published
Case Status:
Affirmed
Ruling:
In this precedential ruling, the Third Circuit ruled that Section 363(m) moots a challenge to a trustee's sale of avoidance actions because the appellant did not obtain a stay pending appeal and a...
Judge(s):
JORDAN, KRAUSE, Circuit Judges and RICHARD G. STEARNS, District Judge sitting by designation
Tag(s):

Scharrer v. Schron (In re Fundamental Long Term Care, Inc.)

Citation:
16-16462 (11th Circuit, Oct 19,2017) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court had authority under the All Writs Act and Anti-Injunction Act to enjoin plaintiffs from reviving suits in state court based on the same "nucleus of facts" as the dismissed claim. ...
Judge(s):
Jordan and Carnes (Circuit Judges) and Vinson (District Judge)
Tag(s):

In re Rosenfeld

Citation:
16-2439 (6th Circuit, Oct 06,2017) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the bankruptcy court's ruling that Joel Rosenfeld did not have standing to bring a claim under 11 U.S.C. Sec. 727 since Amy's debts to him were non-dischargeable under...
Judge(s):
Boggs, Batchelder and Bush; opinion by Bush
Tag(s):

Boyd v. Rescap Borrower Claims Trust (In re Residential Capital, LLC)

Citation:
16-2950-bk (2nd Circuit, Oct 04,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court had jurisdiction to disallow a claim that was based on the same claims that had been the subject of litigation outside of bankruptcy. Claims allowance is a core proceeding, and...
Judge(s):
Chin, Droney, Restani
Tag(s):

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