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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):

Ivaldy v. U.S.

Citation:
___ Fed. App'x ___, 2016 WL 3627055.
Ruling:
Affirmed dismissal for lack of subject matter jurisdiction. The Claims Court, as a court of limited jurisdiction, correctly held that it lacked jurisdiction to review the Fifth Amendment takings...
Judge(s):
Circuit Judges Lourie, Wallach, and Hughes, per curiam.
Tag(s):

Freif & Co. v. Shapiro, et al. (In re Western Funding Inc.)

Citation:
-- F.3d -- (9th BAP 2016)
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the Chapter 11 Liquidating Trustee's ("Trustee") proposed settlement related to pre-petition transfers. The...
Judge(s):
Honorable DUNN, FARIS and BARASH.
Tag(s):

Castaic Partners II, LLC v. Daca Castaic, LLC (In the Matter of Castaic Partners II, LLC)

Citation:
Case No. 14-55281
Ruling:
The appeal was deemed constitutionally moot because the appellate court found that it cannot render relief in the event that it decides the matter in the appellant's favor. The court found that...
Judge(s):
Circuit Judges Milan Smith, Jr. and Jacqueline H. Nguyen and District Court Judge Claudia Wilken (sitting by designation).
Tag(s):

Valence Technology, Inc. v. KPMG Corporate Finance, L.L.C. (In re: Valence Technology, Inc.)

Citation:
Case No. 15-50381 (5th Cir. 05/04/16) (unpublished)
Ruling:
Per curiam: Affirmed; language in Advisors' engagement agreements specifically carved out success fees payable for certain identified parties, making general exclusion of success fee for...
Judge(s):
Prado, Owen, and Haynes, Circuit Judges
Tag(s):

Bourbon Saloon, Inc. v. Absinthe Bar, L.L.C. (In re Bourbon Saloon, Inc.)

Citation:
Case No. 15-30361 (5th Cir. 04/28/16) - NOT DESIGNATED FOR PUBLICATION
Ruling:
An agreed order between Reorganized Debtor and Lessor, which resolved pre-confirmation Debtor's motion to assume the applicable lease and Lessor's opposition thereto, was effective to assume the...
Judge(s):
JONES, WIENER, and HIGGINSON, Circuit Judges
Tag(s):

World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al.)

Citation:
World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al), Case No. 15-1498 (3d Cir. Apr. 20, 2016) (precedential)
Ruling:
Contractual agreement between common carrier and its customer to transfer an unwaived maritime lien in delivered goods to goods currently held by common carrier was enforceable. Current shipment of...
Judge(s):
McKee, Chief Judge; Jordan (author) and Vanaskie, Circuit Judges
Tag(s):

Continental Casualty Company v. Symons, et al.

Citation:
14-2665, 14-2671 & 15-1061
Ruling:
7th Circuit affirmed the finding of the District Court that Symons International was liable for breach of a 1998 sale agreement; found Symons International Goran, Granite, and the Symons...
Judge(s):
Before ROVNER and SYKES, Circuit Judges, and ANDREA WOOD, District Judge (ND IL - by designation)
Tag(s):

Providence Hall Associates Ltd Partnership v. Wells Fargo Bank, N.A.

Citation:
Slip Op. Mar. 11, 2016 (Case No. 15-2378 4th Cir. 2016)
Ruling:
After the district court dismissed a lender-liability action by a former Borrower against the Bank, the Court of Appeals affirmed the dismissal based on res judicata because during the time that...
Judge(s):
Diaz, Wilkinson and Niemeyer
Tag(s):

Schaumburg Bank & Trust, Co., N.A. v. Alsterda

Citation:
15-1894
Ruling:
Since no final judgment or appealable order was entered by the Bankruptcy Court, the Court of Appeals lacks appellate jurisdiction to review the District Court’s decision.
Judge(s):
WOOD, Chief Judge, EASTERBROOK, Circuit Judge, and BRUCE, District Judge
Tag(s):

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