In re: Larisa Ivanovna Markus

• Summarized by Amir Shachmurove , Reed Smith LLP
• 3 weeks 5 days ago

Citation:

21-2238 (2nd Circuit, Aug 30,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit affirmed two orders of the U.S. District Court for the Southern District of New York (DC) finding that the district's bankruptcy court (BC)...

Judge(s):

Dennis Jacobs; Denny Chin; and Beth Robinson

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Business Reorganization

In re: SVENHARD’S SWEDISH BAKERY

• Summarized by Benjamin Fischer , U.S. Bankruptcy Court, District of New Jersey
• 3 weeks 4 days ago

Citation:

BAP No. EC-23-1001-GLB; Bk. No. 19-15277 (9th Circuit, Aug 29,2023) Published

Case Status:

Affirmed

Ruling:

A 9th Circuit BAP affirmed an opinion of the Bankruptcy Court for the Eastern District of California holding that a settlement agreement with a pension fund is not an executory contract because the...

Judge(s):

Gan, Lafferty, and Brand

Tag(s):

• 9th Circuit
• Executory Contracts/Leases
• Business Reorganization
• 11 U.S.C. § 365

Official Committee v. Hartree

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 months 2 days ago

Citation:

22-20321 (5th Circuit, Jul 25,2023) Published

Case Status:

Affirmed

Ruling:

Affirming the U.S. Bankruptcy Court and U.S. District Court for the Southern District of Texas (BC and DC), the U.S. Court of Appeals for the Fifth Circuit deemed the payment of a $3.3 million...

Judge(s):

Jerry E. Smith; Patrick E. Higginbotham; and Kurt D. Engelhardt

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• 11 U.S.C. § 363(b); 11 U.S.C. § 503(b); 11 U.S.C. § 1102(a)(1)

East Coast Foods, Inc. v. Development Specialists, Inc. (In re: East Coast Foods, Inc.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 2 months 1 week ago

Citation:

BAP No. CC-23-1034-FLS (9th Circuit, Jul 19,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not err in denying a debtor's motion for leave to sue the Chapter 11 Trustee in state court for alleged...

Judge(s):

FARIS, LAFFERTY, and SPRAKER

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Court Administration
• Fraud
• Professional Compensation/Fees
• Venue/Jurisdiction
• Business Reorganization
• 11 U.S.C. § 327

In re: RITA RAMOS CURIEL

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 months 2 days ago

Citation:

BAP Nos. CC-22-1246-SGF and CC-22-1247-SGF (9th Circuit, Jun 23,2023) Published

Case Status:

Reversed and Remanded

Ruling:

Section 1191(c)(3) requires bankruptcy courts to take a "harder look" at a plan's feasibility than is required under § 1129(b)(2)(A) in order to confirm a subchapter V plan over a secured...

Judge(s):

SPRAKER, GAN, and FARIS, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Business Reorganization
• Small Business
• 1191(c)

Albaad USA, Inc. v. GPMI, Co. (In re: GPMI, Co.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 3 months 5 days ago

Citation:

BAP No. AZ-22-1231-CLB (9th Circuit, Jun 21,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's order confirming a debtor/appellee's chapter 11 plan over objections by an appellant/unsecured creditor. The...

Judge(s):

CORBIT, LAFFERTY, and BRAND

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Creditors' Committee
• Financial Advisors
• Plan Confirmation
• Professional Compensation/Fees
• Valuation
• Business Reorganization
• 11 U.S.C. § 1129(a)(5)
• 11 U.S.C. § 1129(b)

In re: NTI-NV, Inc.,

• Summarized by Amir Shachmurove , Reed Smith LLP
• 3 months 1 week ago

Citation:

22-1248-BCL (9th Circuit, Jun 15,2023) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the order of the U.S. Bankruptcy Court for the District of Nevada (BC) converting the chapter 11 case of NTI-NC Inc. (DR), both...

Judge(s):

Julia W. Brand; Frederick P. Corbit; and William J. Lafferty III

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Small Business
• 11 U.S.C. § 1112(b); 11 U.S.C. § 1125(a)(1)

RDNJ Trowbridge v. Chesapeake

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
• 3 months 1 week ago

Citation:

21-20323 (5th Circuit, Jun 08,2023) Published

Case Status:

Reversed and Remanded

Ruling:

The Court of Appeals held that the bankruptcy court’s handling of approval of the settlement of class claims, “predicated on 28 U.S.C. § 1334(a) or (b), rather than in the court where the...

Judge(s):

Judge Edith H. Jones, Judge James C. Ho, and Judge Cory T. Wilson

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Mass Torts

In re: RS AIR, LLC

• Summarized by Hans Riefkohl , Riefkohl LLC
• 3 months 3 weeks ago

Citation:

NC-23-1008-FSG (9th Circuit, Jun 02,2023) Published

Case Status:

Affirmed

Ruling:

The 9th Circuit BAP affirmed the Bankruptcy Court and held that the collection of discharged debt from debtor’s alter ego does not violate discharge injunction.

Judge(s):

FARIS, SPRAKER, and GAN, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Discharge/Dischargeability
• Business Reorganization
• 11 U.S.C. § 524

In re: Purdue Pharma L.P.

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 months 21 hours ago

Citation:

NOS. 22-110-bk (L), 22-113-bk, 22-115-bk, 22-116-bk, 22-117-bk, 22-119-bk, 10 22-121-bk, 22-299-bk, 22-203-bk (2nd Circuit, May 30,2023) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Second Circuit held that 11 U.S.C.§§ 105(a) and 1123(b)(6), and prior Second Circuit authority, permit Purdue Pharma L.P. and related entities to include...

Judge(s):

Newman, Wesley, and Lee

Tag(s):

• 2nd Circuit
• Alternative Dispute Resolution
• Claims
• Creditors' Committee
• Plan Confirmation
• Venue/Jurisdiction
• Business Reorganization
• Mass Torts
• 11 U.S.C. §§ 105(a)
• 524(a)
• (g) and (e)
• 1122(a) 1123(b)(3)(A)
• 1123(b)(6)

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