Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
14 years 7 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Inc. United States of America vs. Steven Oscher, Chapter 11 Trustee; 11th United States Court of Appeals N0. 10-15627 (unpublished)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...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan
14 years 9 months ago
Citation:
Case No. 11-40301 (5th. Cir. September 22, 2011
Ruling:
Under 11 U.S.C. § 524(c), an agreement based “in whole or in part” on a dischargeable obligation is unenforceable unless the parties comply with the requirements set forth in § 524(c)(1)-(6)....
Case No. 10-4456 (3d Cir. Sept. 21, 2011) (Precedential)
Ruling:
The Third Circuit reversed the decision of the United States District Court for the Western District of Pennsylvania granting summary judgment to the defendants, officers and directors of debtor...
Grossman v. Lothian Oil Inc. (In re Lothian Oil Inc.), Case No. 1050683, --- F.3d --- (5th Cir. 2011)
Ruling:
The Fifth Circuit held that a claim objection seeking to recharacterize debt to equity, which frequently concerns the same factors as equitable subordination, is a distinguishable concept. ...
Judge(s):
Jones, Higginbotham and Southwick. Opinion by Edith H. Jones, Chief Judge.
