Congoleum Corporation V. Bath Works Corporation

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 1 year 6 months ago

Citation:

23-1295 (3rd Circuit, Aug 01,2024) Published

Case Status:

Affirmed

Ruling:

In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court finding that the Bankruptcy Court lacked good cause to reopen the former confirmed chapter 11 case of...

Judge(s):

CHAGARES, Chief Judge, MATEY and FUENTES, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Court Administration
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• 11 U.S.C. § 350

SR Construction v. RE Palm Springs

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
• 1 year 7 months ago

Citation:

23-10603 (5th Circuit, Jul 02,2024) Published

Case Status:

Affirmed

Ruling:

The Fifth Circuit held that the bankruptcy court had the “undisputed power to order the sale of a bankruptcy debtor’s assets” and that turnover of those assets pursuant to the sale order was...

Judge(s):

Barksdale, Southwick, and Graves

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Venue/Jurisdiction
• Business Reorganization

Dondero v. Highland Captl Mgmt

• Summarized by J. Eric Lockridge , Kean Miller
• 1 year 7 months ago

Citation:

22-10889 (5th Circuit, Jul 01,2024) Published

Case Status:

Affirmed

Ruling:

In its second opinion of the year arising from contempt orders and sanctions awards against the former CEO of debtor Highland Capital Management, the Fifth Circuit affirmed the Bankruptcy Court's...

Judge(s):

Southwick, Smith, and Higginson

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Ethics
• Professional Compensation/Fees
• Business Reorganization

Windstream Holdings, Inc. v. Charter Communications Operating, LLC (In re Windstream Holdings, Inc.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 8 months ago

Citation:

No. 22-2891-bk (2nd Circuit, Jun 24,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit affirmed a district court's ruling overturning a bankruptcy court's order holding the debtor's competitor in contempt. It held: 1) the Taggart "no...

Judge(s):

Livingston, Cabranes, and Kahn

Tag(s):

• 2nd Circuit
• Automatic Stay
• Bankruptcy Litigation
• Business Reorganization
• Telecom/Tech
• 11 U.S.C. § 105
• 11 U.S.C. § 362(a)(3)
• 11 U.S.C. § 362(k)
• 11 U.S.C. § 541

Pub. Emps. Ret. Ass'n of N.M. v. Earley (In re PG&E Corp. Sec. Litig.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 9 months ago

Citation:

No. 22-16711 (9th Circuit, May 03,2024) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Ninth Circuit held a district court abused its discretion in imposing a "docket management" stay on a securities class action lawsuit related to a pending...

Judge(s):

Wallace, Boggs, Forrest

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Business Reorganization
• Mass Torts

In re MALLINCKRODT PLC,

• Summarized by Michael Myers , Ballard Spahr LLP
• 1 year 10 months ago

Citation:

23-1111 (3rd Circuit, Apr 25,2024) Published

Case Status:

Affirmed

Ruling:

The Third Circuit upheld the lower courts' rulings that creditor's claim for royalties was discharged in Mallinckrodt's bankruptcy.

Judge(s):

BIBAS, PORTER, and FREEMAN

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Professional Practice Areas
• Business Reorganization
• 11 USC 1141

Avion Funding v. GFS Industries

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 10 months ago

Citation:

23-50237 (5th Circuit, Apr 17,2024) Published

Case Status:

Reversed and Remanded

Ruling:

Joining the U.S. Court of Appeals for the Fourth Circuit, and diverging from some bankruptcy courts, including the one below, the U.S. Court of Appeals for the Fifth Circuit (Circuit) held that, in...

Judge(s):

Stuart K. Duncan; Stephen A. Higginson; and Patrick Higginbotham

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Business Reorganization
• Small Business
• 11 U.S.C. § 523(a); 11 U.S.C. § 1141(d); 11 U.S.C. § 1181(a)
• (c); 11 U.S.C. § 1182(1); 11 U.S.C. § 1191(a)
• (b); 11 U.S.C. § 1192

In re: SC SJ HOLDINGS, LLC; FMT SJ, LLC

• Summarized by Michael Myers , Ballard Spahr LLP
• 1 year 11 months ago

Citation:

23-1731 (3rd Circuit, Mar 28,2024) Not Published

Case Status:

Affirmed

Ruling:

The Third Circuit Court of Appeals affirmed the District Court and Bankruptcy Court holdings that the chapter 11 debtors' motion to bring malpractice claims against their bankruptcy counsel was...

Judge(s):

SHWARTZ, RENDELL, and AMBRO

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Federal Rule of Bankruptcy Procedure 9024
• 11 USC 1127; 11 USC 1144

IN RE: KENNETH J. TAGGART

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 1 year 11 months ago

Citation:

No. 23-1251 (3rd Circuit, Feb 29,2024) Not Published

Case Status:

Affirmed

Ruling:

In non-precedential opinion, the Third Circuit affirmed the bankruptcy court's decision to reject an individual pro se Debtor's proposed structured dismissal and instead dismiss the Debtor's...

Judge(s):

BIBAS, PORTER, and MONTGOMERY-REEVES

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• 11 U.S.C § 1112(b);; 11 U.S.C § 1129(a); 11 U.S.C § 1191(b); 11 U.S.C § 1191(c);

Swiss Re v. Fieldwood Energy

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
• 2 years 4 days ago

Citation:

23-20104 (5th Circuit, Feb 20,2024) Published

Case Status:

Affirmed

Ruling:

The Fifth Circuit ruled that the district court correctly held that the appeal was statutorily moot under section 363(m) (and that the Supreme Court’s ruling in MOAC Mall Holdings LLC v....

Judge(s):

Southwick, Engelhardt, and Wilson

Tag(s):

• 5th Circuit
• Asset Sales
• Plan Confirmation
• Business Reorganization
• 11 U.S.C § 363

Pages

• 1
• 2
• 3
• 4
• 5
• 6
• 7
• 8
• 9
• …
• previous
• next