Alderwoods Group, Inc. v. Garcia, et al., Case No. 10-14726 (11th Cir. May 30, 2012) (published)
Ruling:
The judgment of the United States District Court for the Southern District of Florida ("District Court") is vacated because the United States Bankruptcy Court for the Southern District of Florida...
Judge(s):
TJOFLAT and MARTIN, Circuit Judges, and Robert T. DAWSON, United States District Judge for the Western District of Arkansas, sitting by designation
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
13 years 11 months ago
Citation:
In re Stone Resources, Inc., No. 11-2888 (3d Cir. May 29, 2012) (not precedential)
Ruling:
A District Court must review a Bankruptcy Court decision denying relief from the automatic stay under an abuse of discretion standard and cannot engage in its own fact finding when engaging in such...
In re Federal-Mogul Global Inc., Case No. 09-2230, 2012 WL 1511773 (3d Cir. May 1, 2012)
Ruling:
The Court of Appeals for the Third Circuit held that the Debtor Federal-Mogul could transfer its insurance rights to recovery under liability policies to a post-confirmation section 524(g) trust,...
Judge(s):
Anthony J. Scirica, D. Brooks Smith and Kent A. Jordan
In re The Plaza Resort at Palmas, Inc., No. 09-09980 (B.A.P. 1st Cir. April 25, 2012)
Ruling:
AFFIRMING the bankruptcy court, the B.A.P. found that both the record on appeal and the law of Puerto Rico amply supported the bankruptcy court’s rejection of the allegations of the complaint and...
Case Nos. 11-2635, 11-2767 (Decided April 10, 2012)
Ruling:
The Court had jurisdiction to hear the appeal. Although the bankruptcy court order did not grant or deny relief from the automatic stay, the order was equivalent to a final order from that court...
Summarized by Colin Robinson , Pachulski Stang Ziehl & Jones LLP
14 years 1 month ago
Citation:
No. 11-20777 (5th Cir. March 20, 2012)
Ruling:
An affidavit filed in support of a claimant's lien against mineral property did not indicate it was sworn in the presence of the affiant. The failure to provide a properly sworn affidavit in...
Affirms the District Court's ruling that the Plan preempts Appellants state law claim for enforcement of contract rights. Reverses the District Court's ruling that Appellants lacked standing to...
Judge(s):
Mary M. Schroeder and Ronald M. Gould, Circuit Judges, and Richard Seeborg, District Judge (N.D. Cal.). Opinion by Judge Gould.
In affirming the order from Chief Bankruptcy Judge Thomas L. Saldino for the District of Nebraska ruling in favor of various Sear's family members ("Appellees") and in denying Robert and Korley...
This case presented an issue of first impression in the Sixth Circuit about how reasonably equivalent value is calculated when the transfer is a payment of a tax obligation owed to the IRS. ...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
14 years 5 months ago
Citation:
IN RE J.H. Investment Services, Inc. United States of America vs. Steven Oscher, Chapter 11 Trustee; 11th United States Court of Appeals N0. 10-15627 (unpublished)
Ruling:
The IRS was not entitled to receive a distribution from a carve out fund set aside for the Debtor's unsecured creditors. The basis for the ruling is that the proof of claim which filed by the IRS...
