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Mohammed v. Great Atlantic & Pacific Tea Co., Inc.

Citation:
Case No. 14-3415 (2d Cir. June 10, 2015)
Ruling:
In Mohammed v. Great Atlantic & Pacific Tea Company, Inc., the Court of Appeals for the Second Circuit affirmed the decision of the United States District Court for the Southern District of New...
Judge(s):
Wesley, Hall, and Lohier
Tag(s):

Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.)

Citation:
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and...
Judge(s):
Hardiman, Scirica, and Barry, Circuit Judges
Tag(s):

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. General Motors

Citation:
15a0361n.06
Ruling:
Ruling against the United Auto Workers (UAW) and in favor of GM, the Sixth Circuit held the 2009 Retiree Settlement Agreement (2009 RSA) extinguished an obligation for New GM to pay $450 million...
Judge(s):
Boggs, Sutton and Stranch, Circuit Judges.
Tag(s):

Mastan v. Salamon (In re Salamon)

Citation:
9th Circuit Bankruptcy Appellate Panel; Case No. CC-14-1334-PaKiTa (April 6, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order disallowing the amended proof of claim filed by chapter 7 trustee, Peter Mastan ("Mastan"). A condition...
Judge(s):
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
Tag(s):

O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.)

Citation:
O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.), 2015 WL 1528302 (8th Cir. BAP April 7, 2015)
Ruling:
Bankruptcy Appellate Panel dismissed debtor's appeal from order confirming its third amended plan on grounds that the debtor did not have standing and the debtor's arguments were moot.
Judge(s):
Kressel, Schermer, and Nail
Tag(s):

Pensco Trust Co. v. Tristar Esperanza Prop. (In re Tristar Esperanza Prop., LLC)

Citation:
Case No. 13-60023 (9th Cir. CA April 2, 2015)
Ruling:
The Ninth Circuit Court of Appeal affirmed the Ninth Circuit Bankruptcy Appellate Panel. Despite the creditor not having an equity interest on the petition date; creditor's claim had sufficient...
Judge(s):
Consuelo M. Callahan, Paul J. Watford, and John B. Owens, Circuit Judges
Tag(s):

SE Property Holdings, Inc. v. Seaside Engineering & Surveying, Inc. (In re Seaside Engineering & Surveying, Inc.)

Citation:
--- F.3d ---- (11th Cir. Mar. 12, 2015)
Ruling:
Affirmed. Equity holder being paid in full for interest in debtor under plan cannot block plan by insisting on being equity holder in reorganized debtor. Going concern method was appropriate...
Judge(s):
MARTIN, ANDERSON, and COTE (District Judge (S.D.N.Y) sitting by designation)
Tag(s):

APJL Consulting, LLC v. Treasures, Inc. (in re Treasures, Inc.)

Citation:
Nos. SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full disclosure, APJL could...
Judge(s):
JURY, KIRSCHER, and KURTZ, Bankruptcy Judges.
Tag(s):

Iberiabank v. Geisen (In re FFS Data, Inc.)

Citation:
Case No. 14-11473 (11th Cir. Jan. 23, 2015)
Ruling:
A general release provision in a confirmed chapter 11 plan which explicitly identified the 100% stockholder of the Debtor by name applied to the lender's state court claim on the stockholder's...
Judge(s):
Tjoflat, Pryor and Cox
Tag(s):

Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

Citation:
Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to...
Judge(s):
KIRSCHER, DUNN and JURY, Bankruptcy Judges
Tag(s):

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