In re: FIBER-SPAN, INC

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 4 months ago

Citation:

21-1712, 21-1713 & 21-1806 (3rd Circuit, Jul 05,2022) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Court of Appeals for the Third Circuit (Circuit) reached a third set of conclusions, deeming the decision of Transit Wireless LLC (Transit) to use the remote fiber nodes (Nodes) that it...

Judge(s):

Kent A. Jordan; L. Felipe Restrepo; and David J. Porter

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Valuation
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Insurance
• Lender Liability
• Small Business
• Telecom/Tech
• Fed. R. Bankr. P. 3001; Fed. R. Bankr. P. 3003; Fed. R. Bankr. P. 7001
• 11 U.S.C § 501; 11 U.S.C § 502

In re: DAVID C. GOAD

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 5 months ago

Citation:

21-1171 (9th Circuit, Jun 29,2022) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the dismissal by the U.S. Bankruptcy Court for the Central District of California (BC) of a case opened by the filing of a...

Judge(s):

Robert J. Faris; Gary A. Spraker; and Scott H. Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Fed. R> Bankr. P. 1007
• 11 U.S.C § 521(a)(1)

In re Murray Energy Holdings

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 5 months ago

Citation:

21-8014 (6th Circuit, Jun 03,2022) Published

Case Status:

Affirmed

Ruling:

Finding that the U.S. Bankruptcy Court for the Southern District of Ohio (BC) did not abuse its discretion in denying the motion for reconsideration filed by one creditor, Penn Line Service, Inc....

Judge(s):

Suzanne H. Bauknight; James L. Croom; and Alan C. Stout

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Labor/Employment
• Lender Liability
• Fed. R. Bankr. P. 8002(b); Fed. R. Bankr. P. 8003(a)(1); Fed. R. Bankr. P. 8003(a)(3); Fed. R. Bankr. P. 9024
• 11 U.S.C § 503(b)(9); 11 U.S.C § 502(a); 11 U.S.C § 1126(a)

IN RE CHUZA OIL COMPANY

• Summarized by Lars Fuller , BakerHostetler
• 1 year 6 months ago

Citation:

BAP No. NM-21-029 (10th Circuit, May 27,2021) Published

Case Status:

Reversed

Ruling:

BAP for 10th Cir. reversed ruling of bankruptcy court (D. NM) after bankruptcy court entered defense verdict against plaintiff chapter 7 trustee on 547 and 548 claims. Post-confirmation payments by...

Judge(s):

Romero, Hall, Rosania

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Turnaround Issues
• 11 U.S.C. § 547

In re: RS AIR, LLC,

• Summarized by Lars Fuller , BakerHostetler
• 1 year 7 months ago

Citation:

BAP No. NC-21-1227-BGT (9th Circuit, Apr 26,2022) Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) overruling creditor's objection to chapter 11 debtor's subchapter V election. Bankruptcy court's ruling that burden was on creditor to...

Judge(s):

Brand, Gan, and Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Small Business
• 11 U.S.C § 363; 11 U.S.C. §§ 1181-82

In re: ORANGE COUNTY BAIL BONDS, INC

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 7 months ago

Citation:

21-1086, 21-1126 (9th Circuit, Apr 27,2022) Published

Case Status:

Affirmed

Ruling:

Publishing so as to explain the role of a bankruptcy court to set the commitment period during which a debtor must pay its projected disposable income or its value in a subchapter V case, the U.S....

Judge(s):

Scott H. Gan; Laura S. Taylor; and William J. Lafferty III

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Small Business
• Turnaround Issues
• 11 U.S.C § 1112(b);; 11 U.S.C § 1129(a); 11 U.S.C § 1191(b); 11 U.S.C § 1191(c);

Edwards Family Partnership, et al v. Johnson

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 7 months ago

Citation:

20-61011 (5th Circuit, Apr 27,2022) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

A second review appeal and cross-appeal from the decisions of the U.S. Bankruptcy and District Courts for the Southern District of Mississippi (BC and DC) in which each party raised four issues,...

Judge(s):

Stephen A. Higginson; James L. Dennis; and Gregg J. Costa

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Fraudulent Transfers
• Plan Confirmation
• Practice and Procedure
• Valuation
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Small Business
• 11 U.S.C. § 105(a); 11 U.S.C. § 362(a); 11 U.S.C. § 362(k); 11 U.S.C. § 704; 11 U.S.C. § 1106

In re- Jay Douglas Buchanan

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 7 months ago

Citation:

21-1856 (8th Circuit, Apr 22,2022) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Eighth Circuit (Circuit) reversed the grant of summary judgment by the bankruptcy court (BC), later affirmed by a bankruptcy appellate panel, in favor of Jay and...

Judge(s):

Lavenski R. Smith; Raymond W. Gruender; and Jonathan A. Kobes

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Lender Liability
• Real Estate
• Small Business
• Fed. R. Bankr. P. 3001(f); Fed. R. Bankr. P. 3003(c)(2); Fed. R. Bankr. P. 7056
• 11 U.S.C. § 523(a)(2)(A)

In re- Douglas A. Kelley

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 7 months ago

Citation:

20-3330 (8th Circuit, Apr 21,2022) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

In another appeal arising out of the Ponzi schemes of Thomas Peters (TP), the U.S. Court of Appeals for the Eighth Circuit partly diverged from the U.S. District Court for the District of...

Judge(s):

Bobby E. Shepherd; Steven M. Colloton; and Jane L. Kelly

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Lender Liability
• 11 U.S.C. § 546(e); 11 U.S.C. § 550; 11 U.S.C. § 551

NCC Financial v. Investar Bank

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 7 months ago

Citation:

21-30291 (5th Circuit, Apr 14,2022) Not Published

Case Status:

Affirmed

Ruling:

In a per curiam opinion, like the United States District Court for the Middle District of Louisiana (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the decision of the U.S....

Judge(s):

Edith H. Jones; Stephen A. Higginson; and Kyle S. Duncan

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Lender Liability
• Real Estate
• Small Business
• 11 U.S.C. § 502(b)(1); 11 U.S.C. § 506(b); 11 U.S.C. § 544(a)

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