Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
9 years 6 months ago
Citation:
Nos. 15-2385 & 15-238
Ruling:
With respect to the central issue of class certification under FRCP 23(a) and (b)(3), the sole contested points relate only to the requirements of predominance and superiority. But since Defendants...
Summarized by Dean Langdon , DelCotto Law Group PLLC
10 years 2 months ago
Citation:
File Name 15a0778n.06; Docket No. 14-3790
Ruling:
The Sixth Circuit Court of Appeals affirmed in part and reserved in part pending certification of a question to the Ohio Supreme Court. The Court of Appeals affirmed dismissal of claims alleging...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 11 months ago
Citation:
Frealy v. Reynolds, No. 12-60068 (9th Cir. Mar. 9, 2015).
Ruling:
The Ninth Circuit has asked the California Supreme Court whether Probate Code § 15306.5 imposes an absolute cap of 25% on a bankruptcy estate’s access to a debtor-beneficiary’s interest in a...
Judge(s):
Alex Kozinski and Susan P. Graber, Circuit Judges, and Charles R. Breyer, Senior District Judge for the Northern District of California, sitting by designation.
An intermediate appellate court's affirmance of a bankruptcy court's denial of
confirmation of a reorganization plan is not a final order appealable under § 158(d)(1) so long as the debtor...
Santiago-Monteverde v. Pereira (In re Santiago-Monteverde), No. 12-4131 (2d Cir. Mar. 31, 2014)
Ruling:
The United States Court of Appeals for the Second Circuit (“Second Circuit”) certified to the New York Court of Appeals the question: “may a rent-stabilized tenant prevent the assumption and...
Appeal Nos. 12-1140, 12-1143 (Consolidated), 10th Circuit Court of Appeals
Ruling:
Pahs' appeal of the reversal of his confirmation order was dismissed as moot. Pahs' failure to remain current on his plan payments while his appeal was pending resulted in the dismissal of his...
Judge(s):
Gorsuch, Ebel, and O'Brien, Circuit Judges. Opinion by Ebel
Summarized by Manuel Arreaza , Consumer Financial Protection Bureau
12 years 5 months ago
Citation:
In re AMR Corp., No. 13-1204, 2013 WL 4840474 (3d Cir. Sept. 12, 2013).
Ruling:
The panel for the Second Circuit denied U.S. Bank’s appeal from bankruptcy court decisions authorizing Debtors AMR and American Airlines to obtain postpetition financing and to repay certain...
In reversing the bankruptcy court and remanding the decision to apply the Ninth Circuit's decision in Maney v. Kagenveama (In re Kagenveama), 541 F.3d 868, 872 (9th Cir. 2008), the Ninth Circuit...
Judge(s):
Hons. Harry Pregerson, Susan P. Graber (Circuit Judges) and Edward Chen (District Court Judge sitting by designation).
Appeal from a ruling by Hon. Meredith Jury (Bankruptcy Court Judge for the Central District of California).
In re: Maharaj, Case No. 11-1747 (4th Cir. June 14, 2012), slip opinion
Ruling:
AFFIRMING the bankruptcy court's denial of confirmation of an individual Chapter 11 plan accepted by two classes of creditors, but rejected by a class of unsecured creditors, the court held, in a...
Judge(s):
Before Duncan, Agee and Diaz, Circuit Judges. Opinion by Judge Agee in which Judge Duncan and Judge Diaz joined
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
14 years 9 months ago
Citation:
No. 10-30576; 2011 WL 1839452 (5th Cir. May 13, 2011)
Ruling:
The sixty-day deadline under 28 U.S.C. Sec. 158(d)(2)(E) for certification requests to appeal from an interlocutory order is jurisdictional. Thus, failure to comply by with the deadline requires...
