Summarized by B. King , Office of the U.S. Trustee
13 years 1 month ago
Citation:
Campbell v. Hanover Insurance Co. (In re ESA Environmental Specialists, Inc.), ___ F.3d ____, 2013 WL 765705 (4th Cir.) (2-1 decision).
Ruling:
Defendant's earmarking defense to preference claim rejected because the funds at issue were not used to pay an antecedent debt of the Debtor. Defendant's new value defense to preference claim...
Judge(s):
Chief Judge Traxler, Circuit Judges Wilkinson and Agee
The Court of Appeals AFFIRMED the District Court's ruling, which affirmed the bankruptcy court's ruling that granted the summary judgment of two consolidated matters.
Deckard v. Interstate Bakeries Corporation (In re Interstate Bakeries Corporation), No. 11-1595, slip. op. (8th Cir. Jan. 25, 2013)
Ruling:
Eighth Circuit affirmed grant of summary judgment by bankruptcy court in favor of defendant/debtor on creditor's claim for civil penalties for debtor's failure to give notices required under the...
Judge(s):
Eighth Circuit Judges Bye, Gruender, and Shepherd.
REVERSED and REMANDED award of Section 328(a) fee enhancement to Debtor Asarco's financial advisor for further proceedings because clear error was not the appropriate standard for reviewing a...
Valley Bank and Trust Co. v. Spectrum Scan, LLC (In re Tracy Broadcasting Corp.), No. 11-1453 (October 16, 2012)
Ruling:
REVERSING the District Court, the 10th Circuit held Federal law permits a FCC licensee to grant a security interest in the economic value of its license, and Nebraska law recognizes that a security...
Summarized by Michael Yurkewicz , Klehr Harrison Harvey Branzburg LLP
13 years 6 months ago
Citation:
In re SW Boston Hotel Venture, LLC, et al., BAP No. MB 11-087 (October 1, 2012 1st Cir. BAP)
Ruling:
The order confirming the substantially consummated plan of reorganization was vacated and the case remanded to the bankruptcy court to allow for the amendment of the plan to address Prudential’s...
In re Tropicana Entertainment LLC, et al, --- F.3d ---, 2012 WL 3776531, No. 10-3970 (3d Cir. Aug. 31, 2012)
Ruling:
The Third Circuit Court of Appeals held that an ad hoc noteholder committee’s (the “Noteholder Committee”) fees were not entitled to administrative priority pursuant to 11 U.SC. §...
In re: Philadelphia Newspapers, LLC, Case No. 11-3257 (3d Cir. July 26, 2012) (unpublished) (Ambro, J.)
Ruling:
EQUITABLE MOOTNESS: When deciding whether an appeal is equitably moot, a Court must consider all five factors set forth in In re: Continental Airlines, 91 F.3d 553, 560 (3d Cir. 1996). In...
Case No. 11-8072, B.A.P. No. 10-53019 (6th Cir. E.D. Kentucky)
Ruling:
AFFIRMING bankruptcy court's order setting the market value of the Debtors' low-income housing tax credit properties and overruling the Debtors' and General Partners' Valuation Objection and Motion...
In re: Maharaj, Case No. 11-1747 (4th Cir. June 14, 2012), slip opinion
Ruling:
AFFIRMING the bankruptcy court's denial of confirmation of an individual Chapter 11 plan accepted by two classes of creditors, but rejected by a class of unsecured creditors, the court held, in a...
Judge(s):
Before Duncan, Agee and Diaz, Circuit Judges. Opinion by Judge Agee in which Judge Duncan and Judge Diaz joined
