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AE OPCO III, LLC, et al v. AAR CORP

Summarizing by Bradley Pearce

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):

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

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):

Houston Sportsnet Finance, L.L.C. v. Houston Astros, L.L.C (In the Matter of Houston Regional Sports Network, L.P.)

Citation:
15-20497 (5th Circuit, Mar 29,2018) Published
Case Status:
Reversed and Remanded
Ruling:
For a Section 506 valuation of collateral in connection with a Chapter 11 cram-down plan, a bankruptcy court has the flexibility to select a valuation date--the petition date, the confirmation...
Judge(s):
Owen, Wiener, and Prado
Tag(s):

David J. Pierce Trust U/A v. Alpha Natural Resources, Inc.

Citation:
17-1339 (4th Circuit, Feb 20,2018) Not Published
Case Status:
Affirmed
Ruling:
In a per curiam opinion, the Fourth Circuit affirmed the "thorough, well-reasoned opinions" of the Bankruptcy Court and the District Court that the Debtor, Alpha Natural Resources, Inc., could...
Judge(s):
Circuit Judges Thacker and Harris and Senior Circuit Judge Shedd.
Tag(s):

Olson v. Van Meter

Citation:
NV-17-1168-LTiF (9th Circuit, Feb 05,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. reversed and remanded ruling of bankruptcy court (D. Nev.-Reno) dismissing chapter 13 debtor's case sua sponte on ground that debtor's postpetition acceptance of rent from...
Judge(s):
Lafferty, Tighe, Faris
Tag(s):

IN RE: TRANSWEST RESORT PROPERTIES, INC.

Citation:
16-16221 (9th Circuit, Jan 25,2018) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit affirmed the District Court's affirmance of the Bankruptcy Court's confirmation of a cramdown joint plan filed by five related debtors.
Judge(s):
J. Clifford Wallace, Milan D. Smith and Michelle T. Friedland
Tag(s):

Mission Product Holdings, Inc. v. Old Cold LLC

Citation:
16-90102, 116-9015 (1st Circuit, Jan 12,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's finding of good faith in a §363 sale affirmed; otherwise the appeal is moot due to the sale having been completed without a stay.
Judge(s):
Kayatta (author), Torruella, and Lynch
Tag(s):

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