In re: CPESAZ LIQUIDATING, INC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 day 11 hours ago

Citation:

CC-22-1156-FSG and CC-22-1157-FSG (9th Circuit, Jun 02,2023) Not Published

Case Status:

Affirmed

Ruling:

Participants in an ESOP plan established by an S corporation have claims against the plan, not against the corporation itself. As a result, the plan participants' claims were disallowed,

Judge(s):

FARIS, SPRAKER, and GAN, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims

In re: Purdue Pharma L.P.

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 week 1 day ago

Citation:

NOS. 22-110-bk (L), 22-113-bk, 22-115-bk, 22-116-bk, 22-117-bk, 22-119-bk, 10 22-121-bk, 22-299-bk, 22-203-bk (2nd Circuit, May 30,2023) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Second Circuit held that 11 U.S.C.§§ 105(a) and 1123(b)(6), and prior Second Circuit authority, permit Purdue Pharma L.P. and related entities to include...

Judge(s):

Newman, Wesley, and Lee

Tag(s):

• 2nd Circuit
• Alternative Dispute Resolution
• Claims
• Creditors' Committee
• Plan Confirmation
• Venue/Jurisdiction
• Business Reorganization
• Mass Torts
• 11 U.S.C. §§ 105(a)
• 524(a)
• (g) and (e)
• 1122(a) 1123(b)(3)(A)
• 1123(b)(6)

In re: ANNIE KIM LE

• Summarized by Amir Shachmurove , Reed Smith LLP
• 3 weeks 4 days ago

Citation:

22-1033 (9th Circuit, May 11,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Northern District of California (BC) denying a creditor's motion for ...

Judge(s):

Julia W. Brand; Scott H. Gan; and Robert J. Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Debt
• Discharge/Dischargeability
• Finance and Banking
• Small Business
• Unsecured Trade Creditors
• 11 U.S.C. § 523(a)(2)(A)

IN RE: JELENA DORDEVIC

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 month 6 days ago

Citation:

22-2500 (7th Circuit, Apr 27,2023) Published

Case Status:

Affirmed

Ruling:

Agreeing with the U.S. Bankruptcy and the U.S. District Courts for the Northern District of Illinois (BC and DC), the U.S. Court of Appeals for the Seventh Circuit (Circuit) found no error in the...

Judge(s):

Michael B. Brennan; Michael Y. Scudder; and Thomas Kirsch

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Finance and Banking
• Small Business
• 11 U.S.C § 541; 11 U.S.C § 542

In re: ALEX A. KHADAVI

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 month 4 weeks ago

Citation:

22-1205 (9th Circuit, Apr 03,2023) Not Published

Case Status:

Affirmed

Ruling:

U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of summary judgment by the U.S. Bankruptcy Court for the Central District of California (BC), declaring that the...

Judge(s):

Gary A. Spraker; Frederick P. Corbit; and William J. Lafferty III

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Executory Contracts/Leases
• Practice and Procedure
• Personal Bankruptcy Topics
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Real Estate
• Small Business

Litton Loan Servicing, L.P. v. Dennis Schubert

• Summarized by Benjamin Fischer , U.S. Bankruptcy Court, District of New Jersey
• 2 months 1 week ago

Citation:

21-3969, 21-3983 (6th Circuit, Mar 28,2023) Not Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit affirmed an order of the bankruptcy court, holding that several mortgage lenders had standing to appeal but failed to meet the person-aggrieved test because they lacked a direct...

Judge(s):

Amul Thapar; Karen Nelson Moore; and Joan Larsen

Tag(s):

• 6th Circuit
• Claims
• Venue/Jurisdiction
• Consumer Bankruptcy
• Consumer Debt
• Mortgage

IN RE: KIMBALL HILL, INC., et al.,

• Summarized by Christopher Muniz , U.S. Bankruptcy Court, Southern District of Indiana
• 3 months 1 day ago

Citation:

22-1724 (7th Circuit, Mar 03,2023) Published

Case Status:

Affirmed

Ruling:

The Seventh Circuit affirmed the award of more than $9.5M in damages to third party TRG Venture Two LLC (“TRG”) caused by creditor Fidelity and Deposit Company’s (“Fidelity”) pursuit of...

Judge(s):

Scudder (opinion author), Kirsch, and Jackson-Akiwumi

Tag(s):

• 7th Circuit
• Asset Sales
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Business Reorganization

IN RE: MARY E. BUSCONE, d/b/a FroYo To Go,

• Summarized by Amir Shachmurove , Reed Smith LLP
• 3 months 1 week ago

Citation:

22-9001 (1st Circuit, Feb 22,2023) Published

Case Status:

Affirmed

Ruling:

Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...

Judge(s):

O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Fraud
• Practice and Procedure
• Valuation
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Hospitality, Entertainment Venues and Gaming
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 7016; Fed. R. Bankr. P. 7026; Fed. R. Bankr. P. 7034; Fed. R. Bankr. P. 7037; Fed. R. Bankr. P. 9023; Fed. R. Bankr. P. 9024
• 11 U.S. § 523(a)(2)(A); 11 U.S. § 523(a)(4); 11 U.S. § 341(d)

In re: METAL RECOVERY SOLUTIONS, INC

• Summarized by Amir Shachmurove , Reed Smith LLP
• 4 months 2 weeks ago

Citation:

22-1081 (9th Circuit, Jan 17,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Nevada (BC) sustaining the objection of Geo-Logic Associates,...

Judge(s):

Julia W. Brand; Robert J. Faris; and William J. Lafferty III

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Ethics
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Finance and Banking
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 3001(f); Fed. R. Bankr. P. 2004; Fed. R. Bankr. P. 7030
• 11 U.S.C § 502(a); 11 U.S.C § 502(b)(1); 11 U.S.C § 502(b)(4)

Frank McIntyre v. Dennis Fangman, et al.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 5 months 3 days ago

Citation:

BAP No. CO-22-003 (10th Circuit, Dec 30,2022) Not Published

Case Status:

Affirmed

Ruling:

Interpleaded funds claimed by a debtor before the filing of a bankruptcy case are not property of the estate, and disbursement of such funds does not violate the automatic stay. As a result of the...

Judge(s):

HALL, LOYD, and THURMAN, Bankruptcy Judges

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims

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