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In re Renewable Energy, Inc., BAP No. WW-15-1089-KuJuTa (9th Cir. B.A.P. Dec. 9, 2016)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 4 months ago
Citation:
WW-15-1089-KuJuTa (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

Debtor bar-operator’s failure to obtain liquor-liability insurance warranted conversion to chapter, rather than dismissal, of its chapter 11 case.

Judge(s):
Frank L. Kurtz, Meredith A. Jury, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
Tag(s):

Metropolitan Estates, Inc. v. Emmons-Sheepshead Bay Devel., LLC (In re Emmons-Sheepshead Bay Devel.

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 9 years 4 months ago
Citation:
15‐3844‐bk (2nd Circuit, Dec 06,2016) Not Published
Case Status:
Affirmed
Ruling:

Court affirmed orders a.) dismissing adversary proceeding under F.R.C.P. 12(b)(6) for not stating a claim to revoke confirmation, 11 U.S.C. 1144; and b) denying motion to vacate, alter or...

Judge(s):
JOHN M. WALKER, JR., ROBERT D. SACK, DENNY CHIN
Tag(s):

Han v. Official Committee of Unsecured Creditors (In re Kang)

  • Summarized by Brooke Schumm , Daneker, McIntire, Schumm, et al.
  • 9 years 4 months ago
Citation:
15-2345 (4th Circuit, Nov 29,2016) Not Published
Case Status:
Affirmed
Ruling:

Based on a signed operating agreement which prohbited transfers,of assets to protect a lender, and the principle that upon forfeiture of status by the Virginia State Corporation Commission all...

Judge(s):
Sheed, Duncan, Floyd
Tag(s):

Andover Covered Bridge, LLC v. Harrington

  • Summarized by Guy Moss ,
  • 9 years 7 months ago
Citation:
United States Bankruptcy Appellate Panel for the First Circuit, No. EP 16-005, July 31, 2016
Ruling:
Affirming the dismissal of a Chapter 11 proceeding, the First Circuit BAP examined the serial components of a motion to dismiss or convert under sec. 1112 of the Code. First, a court must examine...
Judge(s):
Feeney, Godoy, and Harwood
Tag(s):

In the Matter of Ferguson

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 9 years 8 months ago
Citation:
In re Ferguson, No. 15-3093 (7th Cir. August 23, 2016) (unpublished)
Ruling:
In the bankruptcy context, an appeal lacks jurisdiction when a case is remanded deciding only an issue without resolving the underlying dispute, because such decision is not final.
Judge(s):
Shadid, Easterbrook, Rovner, and Hamilton.
Tag(s):

PEM Entities LLC v. Province Grande Olde Liberty, LLC, et al. (In re Province Grande Olde Liberty, LLC)

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 9 years 8 months ago
Citation:
Case No. 15-1669 (4th Cir., Aug. 12, 2016)
Ruling:
Fourth Circuit reviewed bankruptcy court's analysis of the eleven factors adopted in In re Dornier Aviation (North America), Inc., 453 F.3d 225 (4th Cir. 2006) and, in a per curiam decision,...
Judge(s):
Chief Judge Roger L. Gregory, Circuit Judge William B. Traxler, Jr., and Senior U.S. District Judge Joseph F. Anderson, sitting by designation
Tag(s):

Ivaldy v. U.S.

  • Summarized by ,
  • 9 years 9 months ago
Citation:
___ Fed. App'x ___, 2016 WL 3627055.
Ruling:
Affirmed dismissal for lack of subject matter jurisdiction. The Claims Court, as a court of limited jurisdiction, correctly held that it lacked jurisdiction to review the Fifth Amendment takings...
Judge(s):
Circuit Judges Lourie, Wallach, and Hughes, per curiam.
Tag(s):

Freif & Co. v. Shapiro, et al. (In re Western Funding Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 10 months ago
Citation:
-- F.3d -- (9th BAP 2016)
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the Chapter 11 Liquidating Trustee's ("Trustee") proposed settlement related to pre-petition transfers. The...
Judge(s):
Honorable DUNN, FARIS and BARASH.
Tag(s):

Castaic Partners II, LLC v. Daca Castaic, LLC (In the Matter of Castaic Partners II, LLC)

  • Summarized by Lovee Sarenas , Sklar Hirsh
  • 9 years 11 months ago
Citation:
Case No. 14-55281
Ruling:
The appeal was deemed constitutionally moot because the appellate court found that it cannot render relief in the event that it decides the matter in the appellant's favor. The court found that...
Judge(s):
Circuit Judges Milan Smith, Jr. and Jacqueline H. Nguyen and District Court Judge Claudia Wilken (sitting by designation).
Tag(s):

Valence Technology, Inc. v. KPMG Corporate Finance, L.L.C. (In re: Valence Technology, Inc.)

  • Summarized by ,
  • 9 years 11 months ago
Citation:
Case No. 15-50381 (5th Cir. 05/04/16) (unpublished)
Ruling:
Per curiam: Affirmed; language in Advisors' engagement agreements specifically carved out success fees payable for certain identified parties, making general exclusion of success fee for...
Judge(s):
Prado, Owen, and Haynes, Circuit Judges
Tag(s):

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