IN RE: HOAG URGENT CARE-TUSTIN, INC.

Citation:
BAP No. CC-18-1075-FLS (9th Circuit, Oct 11,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeal of bankruptcy court (CD Cal.) denying debtors' motion to extend exclusivity period for filing chapter 11 plan. Bankruptcy court order was not final, appealable...
Judge(s):
Faris, Lafferty, Spraker
Tag(s):

IN RE: ENERGY FUTURE HOLDINGS CORP., et al,

Citation:
18-1109 (3rd Circuit, Sep 13,2018) Published
Case Status:
Affirmed
Ruling:
Majority holds the bankruptcy court did not abuse its discretion to reconsider its prior order, entered a year earlier, approving a break-up fee under a merger agreement. The order approving the...
Judge(s):
Greenaway, Jr. (author for majority), Fuentes, and Rendell (dissenting)
Tag(s):

Sino Clean Energy, Inc. v. Seiden

Citation:
No. 17-15316 (9th Circuit, Aug 27,2018) Published
Case Status:
Affirmed
Ruling:
Former members of the board of directors of a Nevada corporation, who had been removed by the receiver for the corporation, did not have standing under Nevada law to file a bankruptcy petition on...
Judge(s):
Graber, Tallman, and Ivan L.R. Lemelle (Senior District Judge, E.D. La., sitting by designation)
Tag(s):

Zardinovsky v. Arctic Glacier Income Fund

Citation:
17-2522 (3rd Circuit, Aug 20,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's order dismissing adversary proceeding as barred by plan releases is affirmed. A confirmed plan is res judicata as to all issues decided or which could have been decided at...
Judge(s):
Smith, Hardiman and Bibas (author)
Tag(s):

Continental Casualty Co. v. Carr, et al.

Citation:
17-1208 (3rd Circuit, Aug 14,2018) Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the Bankruptcy Court in part and vacated and remanded in part. The plaintiffs' recovery under the Asbestos Lawsuits is barred because the CNA insurance...
Judge(s):
Ambro, Circuit Judge
Tag(s):

Bank v. Lehman Brothers Holdings Inc.

Citation:
17-2700-bk (2nd Circuit, Jul 18,2018) Not Published
Case Status:
Affirmed
Ruling:
Applying the "Winston" factors, See, Winston v. Mediafare Entm’t Corp., 777 F.2d 78 (2d Cir. 1985), the Court determined that the parties intended to be bound to a settlement, absent a signed...
Judge(s):
Peter W. Hall Susan L. Carney Circuit Judges John G. Koelti District Judge
Tag(s):

IN RE FAGERDALA USA

Citation:
No. 16-35430 (9th Circuit, Jun 04,2018) Published
Case Status:
Reversed and Remanded
Ruling:
9th Cir. reversed district court (D. Or.), which had affirmed bankruptcy court ruling granting chapter 11 debtor's motion to designate claims for bad faith and preclude the claims from being voted...
Judge(s):
Smith, Christen, Hurwitz
Tag(s):

Giese v. Lexington Coal Company (In re HNRC Dissolution Co.)

Citation:
16-8013 (6th Circuit, Jun 01,2018) Published
Case Status:
Affirmed
Ruling:
On de novo review, the BAP affirmed the Bankruptcy Court's decision to hear, and to dismiss, all seven (7) counts of the State Action. The BAP agreed that a "proceeding" under 28 U.S.C. 1334(c)...
Judge(s):
Harrison, Opperman, and Preston
Tag(s):

Franchise Services of N.A., Inc. v. U.S. Trustee

Citation:
No. 18-60093 (5th Circuit, May 22,2018) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed bankruptcy court (SD Miss) on direct appeal of order dismissing chapter 11 case based on failure to obtain shareholder consent for bankruptcy. Federal law does not prevent...
Judge(s):
King, Jones, Graves
Tag(s):

Minerals Technologies, Inc. v. Novida Corp.

Citation:
BAP No. CO-17-004 and BAP No. CO-17-005 (10th Circuit, May 16,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not err by: (i) approving the separate classification of administrative convenience claims where, among other things, there was already an impaired class that would vote in...
Judge(s):
KARLIN, NUGENT, MOSIER
Tag(s):

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