Lunsford, Sr. v. Process Technologies Services, LLC (In re Lunsford, Sr.)

Citation:
16-11578 (11th Circuit, Feb 15,2017) Published
Case Status:
Affirmed
Ruling:
The Eleventh Circuit held that the bankruptcy court made a finding of fact that the debtor violated state securities laws based on a state court judgment confirming an arbitration award entered...
Judge(s):
Pryor and Rosenbaum, Circuit Judges, and Ungaro, District Judge
Tag(s):

Collins v. J&N Restaurant Assoc., Inc.

Citation:
16-1362 (2nd Circuit, Jan 19,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed district court affirming bankruptcy court dismissing fraudulent transfer action. Terms of defendants' own plans of reorganization precluded claim, even as administration claim.
Judge(s):
Chin, Raggi, Lohier
Tag(s):

Marblegate Asset Management, LLC v. Education Management Finance Corp.

Citation:
2017 U.S. App. LEXIS 782 (2nd Circuit, Jan 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Section 316(b) of the Trust Indenture Act prohibits only non‐consensual amendments to an indenture’s core payment terms; it does not protect a creditor's practical ability to collect on...
Judge(s):
CABRANES, STRAUB, and LOHIER
Tag(s):

Aventine Renewable Energy, Inc. v. Glacial Lakes Energy, LLC

Citation:
Nos. 16-1690, -1692 (7th Circuit, Dec 14,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

In a pithy opinion by Judge Posner, the Court found that applicable New York law prohibits a party from obtaining the benefits  of a contract while failing to shoulder the burdens of that...

Judge(s):
Wood, Posner, Rovner
Tag(s):

In re Renewable Energy, Inc., BAP No. WW-15-1089-KuJuTa (9th Cir. B.A.P. Dec. 9, 2016)

Citation:
WW-15-1089-KuJuTa (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

Debtor bar-operator’s failure to obtain liquor-liability insurance warranted conversion to chapter, rather than dismissal, of its chapter 11 case.

Judge(s):
Frank L. Kurtz, Meredith A. Jury, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
Tag(s):

Metropolitan Estates, Inc. v. Emmons-Sheepshead Bay Devel., LLC (In re Emmons-Sheepshead Bay Devel.

Citation:
15‐3844‐bk (2nd Circuit, Dec 06,2016) Not Published
Case Status:
Affirmed
Ruling:

Court affirmed orders a.) dismissing adversary proceeding under F.R.C.P. 12(b)(6) for not stating a claim to revoke confirmation, 11 U.S.C. 1144; and b) denying motion to vacate, alter or...

Judge(s):
JOHN M. WALKER, JR., ROBERT D. SACK, DENNY CHIN
Tag(s):

Han v. Official Committee of Unsecured Creditors (In re Kang)

Citation:
15-2345 (4th Circuit, Nov 29,2016) Not Published
Case Status:
Affirmed
Ruling:

Based on a signed operating agreement which prohbited transfers,of assets to protect a lender, and the principle that upon forfeiture of status by the Virginia State Corporation Commission all...

Judge(s):
Sheed, Duncan, Floyd
Tag(s):

Andover Covered Bridge, LLC v. Harrington

Citation:
United States Bankruptcy Appellate Panel for the First Circuit, No. EP 16-005, July 31, 2016
Ruling:
Affirming the dismissal of a Chapter 11 proceeding, the First Circuit BAP examined the serial components of a motion to dismiss or convert under sec. 1112 of the Code. First, a court must examine...
Judge(s):
Feeney, Godoy, and Harwood
Tag(s):

In the Matter of Ferguson

Citation:
In re Ferguson, No. 15-3093 (7th Cir. August 23, 2016) (unpublished)
Ruling:
In the bankruptcy context, an appeal lacks jurisdiction when a case is remanded deciding only an issue without resolving the underlying dispute, because such decision is not final.
Judge(s):
Shadid, Easterbrook, Rovner, and Hamilton.
Tag(s):

PEM Entities LLC v. Province Grande Olde Liberty, LLC, et al. (In re Province Grande Olde Liberty, LLC)

Citation:
Case No. 15-1669 (4th Cir., Aug. 12, 2016)
Ruling:
Fourth Circuit reviewed bankruptcy court's analysis of the eleven factors adopted in In re Dornier Aviation (North America), Inc., 453 F.3d 225 (4th Cir. 2006) and, in a per curiam decision,...
Judge(s):
Chief Judge Roger L. Gregory, Circuit Judge William B. Traxler, Jr., and Senior U.S. District Judge Joseph F. Anderson, sitting by designation
Tag(s):

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