In re World Imports, Ltd., et al.

Citation:
16-1357 (3rd Circuit, Jul 10,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Based on (I) the ordinary, dictionary meaning of the word, "received", (II) the context of section 503(b)(9) being an exemption to the general bankruptcy reclamation scheme established by section...
Judge(s):
HARDIMAN, KRAUSE, Circuit Judges, and STENGEL, District Judge from the Eastern District of Pennsylvania
Tag(s):

PRLP 2011 Holdings LLC v. Manuel Media Villa, Inc.

Citation:
BAP NOS. PR 16-053, PR 16-056. Bank. Case No. 13-02800-MCF (1st Circuit, Jun 16,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court made erroneous factual findings and committed a legal error with respect to the threshold issue of whether there was a valid, binding, and enforceable settlement agreement...
Judge(s):
Feeney, Finkle and Fagon
Tag(s):

In re Revstone Industries LLC, et al.

Citation:
16-2167 (3rd Circuit, Jun 06,2017) Not Published
Case Status:
Affirmed
Ruling:
Appellate standing in bankruptcy is limited to “persons aggrieved” by an order of the bankruptcy court. Appeals are limited to persons ‘whose rights or interests are directly and adversely...
Judge(s):
SMITH, Chief Judge (author), JORDAN and ROTH
Tag(s):

Gupta v. Quincy Medical Center

Citation:
USCA, First Circuit, No. 15-1183 (1st Circuit, Jun 02,2017) Not Published
Case Status:
Affirmed
Ruling:
In short, Appellants' claims do not fit into the narrow category of matters that "have no existence outside of the bankruptcy," In re Middlesex Power Equip. & Marine, Inc., 292 F.3d at 68, or...
Judge(s):
Zobel (Trial), Howard, Souter and Lipez, USCA-1st Circuit
Tag(s):

Demetris v. Transport Workers Union of America, AFL-CIO

Citation:
15-15229 (9th Circuit, May 22,2017) Published
Case Status:
Affirmed
Ruling:
9th Cir. affirmed district court's (N.D. Cal.) dismissal of consolidated actions brought under Railway Labor Act, alleging union breached duty of fair representation in offering disparate...
Judge(s):
O'Scannlain, Gould, Smith
Tag(s):

Official Committee of Unsecured Creditors v. CIT Group (in re Jevic Holding Corp., et al.)

Citation:
The opinion is not worth of being summarized. It is simply vacating the prior court decision in light of the Supreme Court's decision reversing the Third Cicuit. (3rd Circuit, May 08,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
see above. Opinion not worth summarizing.
Judge(s):
Opinion not worth summarizing
Tag(s):

Town Center Flats, LLC v. ECP Commercial II LLC (In re Town Center Flats, LLC)

Citation:
Case No. 16-1812, 2017 WL 1573827 (6th Circuit, May 02,2017) Published
Case Status:
Reversed
Ruling:
Assignment of Rents conveys ownership of rents to assignee upon default. Debtor has no interest in rents after default, and rents are not property of Debtor's estate in subsequent Chapter 11...
Judge(s):
Clay, Gibbons and Stranch (on brief for the Court)
Tag(s):

U.S.A. v. Kerr-McGee Corp. (In re Tronox Inc.)

Citation:
16-343, 2017WL1403001 (2nd Circuit, Apr 20,2017) Published
Case Status:
Dismissed
Ruling:
a.) Claims derived through a debtor are estate property which only a trustee can assert; b.) District Court order on a contempt motion which enforced existing injunction but made no contempt...
Judge(s):
Kearse, Wesley and Droney
Tag(s):

Encanto Restaurants, Inc. v. Vidal, et al

Citation:
Bankruptcy Case Nos. 12-08567-MCF & 12-08570-MCF (Consolidated) , Adv. Pro. No. 14-00030-MCF, BAP No. PR 16-034 (1st Circuit, Mar 21,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Encanto lacks standing to pursue an appeal from the June 2016 Order and the Judgment to the extent that those rulings denied Encanto’s requests for relief for alleged violations of § 362’s...
Judge(s):
Bankruptcy Judge Mildred Caban Flores, BAP Judges: Bailey, Harwood and Fagone
Tag(s):

Liberty Bank, F.S.B. v. D.J. Christie, Inc.

Citation:
16-3230 (10th Circuit, Mar 07,2017) Not Published
Case Status:
Affirmed
Ruling:
Reviewing the bankruptcy court's approval of the settlement independently, applying de novo review to legal determinations and reviewing factual findings for clear error, the 10th Circuit affirmed....
Judge(s):
Phillips, McHugh, and Moritz, Circuit Judges
Tag(s):

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