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Home » Bankruptcy Process and Procedure » Certification

Nicolaas Brekelmans v. Max Salas

Citation:
24-5998 (6th Circuit, Dec 03,2025) Published
Case Status:
Dismissed
Ruling:
The Court of Appeals lacked jurisdiction to hear an appeal of an interlocutory order of the bankruptcy court, even though the bankruptcy court granted leave to appeal to the district court, because...
Judge(s):
COLE, KETHLEDGE, and NALBANDIAN, Circuit Judges.
Tag(s):

ANTHONY GANTNER v PG&E CORPORATION; PACIFIC GAS & ELECTRIC COMPANY

Citation:
21-15571 (9th Circuit, Jan 23,2024) Not Published
Case Status:
Affirmed
Ruling:
In light of the answer of the California Supreme Court (CASC) to one certified state law question - "yes," section 1759 of the California Public Utilities Code (CPUC) preempts a negligence claim...
Judge(s):
Danny J. Boggs; John B. Owens; and Michelle T. Friedland
Tag(s):

Gabriel Invst v. Texas ABC

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 4 years 3 weeks ago
Citation:
21-50322 (5th Circuit, Jan 28,2022) Published
Case Status:
Reversed and Remanded
Ruling:
The Fifth Circuit certified questions of Texas state law to the Texas Supreme Court regarding permissibility of alcohol permit transfer(s) as part of a proposed sale.
Judge(s):
King, Costa, and Willett, Circuit Judges.
Tag(s):

5200 ENTERPRISES LIMITED vs. City of New York

Citation:
20-13753 (11th Circuit, Jan 05,2022) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Eleventh Circuit (Circuit) both denied the motion to certify whether 5200 Enterprises Limited (Enterprises or DR) had stated a claim for continuing trespass under...
Judge(s):
Kevin C. Newsom; Adalberto J. Jordan; and Edward E. Carnes
Tag(s):

Marshall v. McCarty (In re: Marshall)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 6 years 11 months ago
Citation:
18-6024 (8th Circuit, Feb 28,2019) Not Published
Case Status:
Affirmed
Ruling:
.Eighth Circuit held that the bankruptcy court did not abuse its discretion in dismissing Chapter 13 debtor's bankruptcy case for failing to comply with credit counseling requirements; despite...
Judge(s):
Saladino, Nail, and Dow
Tag(s):

BMO Harris Bank N.A. v. Carol Anderson

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
  • 6 years 12 months ago
Citation:
No. 17-3073 (7th Circuit, Feb 26,2019) Published
Case Status:
Affirmed
Ruling:
Relying on Illinois' single action rule, which requires parties to present all theories for litigation arising from a single transaction in a single proceeding, the Court found that creditors who...
Judge(s):
Easterbrook, Kanne, Brennan
Tag(s):

Marshall v. Blake

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 7 years 11 months ago
Citation:
17-2809 (7th Circuit, Mar 22,2018) Published
Case Status:
Affirmed
Ruling:
1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
Judge(s):
Flaum, Bauer, and Manion
Tag(s):

Gonzalez v. Owens Corning

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 7 years 11 months ago
Citation:
No. 16-2653 (3rd Circuit, Mar 19,2018) Published
Case Status:
Affirmed
Ruling:
The Frenville standard requires a court to look to the underlying state limitations law to determine when a claim arises. Where the proffered "common issue" depends upon the (different) limitations...
Judge(s):
CHAGARES, JORDAN, and HARDIMAN
Tag(s):

Diamond v. Hogan Lovells US LLP

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 7 years 12 months ago
Citation:
15-16326, 15-16327, 15-16328, 15-16329, 15-16330, 15-16331, 15-16332, a5-16333 (9th Circuit, Feb 27,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Issues raised by the bankruptcy trustee's litigation can be resolved only by application of unresolved District of Columbia laws. As a result, the following questions are certified to the District...
Judge(s):
GOULD, MURGUIA, FREUDENTHAL (D. Wyo., sitting by designation)
Tag(s):

Peake v. Ayobami

Citation:
16-20589 (5th Circuit, Jan 03,2018) Published
Case Status:
Affirmed
Ruling:
A debtor claiming federal exemptions under 11 U.S.C. § 522 may exempt 100% of the value of his or her interest in the asset rather than the value of the asset itself. NOTE: this is a narrow...
Judge(s):
JOLLY, SMITH, GRAVES
Tag(s):

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