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Home » Bankruptcy Process and Procedure » Claims

SummitBridge National v. Ollie Faison

Citation:
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT: No. 17-2441 (4th Circuit, Feb 08,2019) Published
Case Status:
Affirmed
Ruling:
The question in this appeal is whether the Bankruptcy Code bars a creditor from asserting an unsecured claim for attorneys’ fees, if those fees are incurred after the filing of a bankruptcy...
Judge(s):
Before FLOYD and HARRIS, Circuit Judges, and Donald C. COGGINS, Jr., United States District Judge for the District of South Carolina, sitting by designation. Opinion by Circuit Judge Pamela Harris.
Tag(s):

Roach v. Marshack (In re Roach)

  • Summarized by Lars Fuller , BakerHostetler
  • 1 week 6 days ago
Citation:
No. CC-18-1144-KuTaF, 2019 WL 408628 (9th Circuit, Jan 29,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (C.D. Cal.) granting chapter 7 trustee's sale motion over debtor's objection. Debtor waived appeal of disbursement of sale proceeds after...
Judge(s):
Kurtz, Taylor, Faris
Tag(s):

CRP Holdings A-1, LLC v. O`Sullivan (In re O`Sullivan)

  • Summarized by Samuel Henninger , University of Tennessee, College of Law
  • 2 weeks 4 days ago
Citation:
No. 17-3226, 2019 WL 406685 (8th Circuit, Feb 01,2019) Published
Case Status:
Affirmed
Ruling:
Creditor's recording of a notice of foreign judgment created a cloud on debtor's title on his exempt homestead. Bankruptcy court could apply section 522(f) to clear the cloud on the title.
Judge(s):
Smith, Melloy, Stras
Tag(s):

Altair Global Credit Opp. v Employees Retirement System (In re Oversight and Management Board for Puerto Rico)

Citation:
18-1836; 18-1837; 18-1841; 18-1855; 18-1858; 18-1868; (1st Circuit, Jan 30,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Court of Appeals agreed with the holding that the 2008 Financing Statements did not perfect the Bondholders' security interest in the Pledged Property, but determined that Bondholders met the...
Judge(s):
Lynch, Stahl and Kayatta
Tag(s):

First State Bank of Roscoe v. Stabler (In re Stabler)

  • Summarized by Samuel Henninger , University of Tennessee, College of Law
  • 2 weeks 6 days ago
Citation:
No. 17-1904, 2019 WL 362454 (8th Circuit, Jan 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court properly held bank and its principal in contempt and sanctioned them for violating a final bankruptcy discharge injunction.
Judge(s):
Shepherd, Melloy, Grasz
Tag(s):

The PACA Trust Creditors v. Genecco Produce Inc.

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 3 weeks 2 days ago
Citation:
17-1949-cv, 17-2051-cv (2nd Circuit, Jan 09,2019) Published
Case Status:
Affirmed
Ruling:
Defendant in PACA action, which was both a supplier to, and a buyer of, produce from the debtor, was not entitled to a complete offset of such mutual obligations existing on the bankruptcy filing...
Judge(s):
Sack, Raggi, and Chin, Circuit Judges
Tag(s):

Meridian Capital v. Burton

  • Summarized by Samuel Henninger , University of Tennessee, College of Law
  • 1 month 1 week ago
Citation:
No. 18-40003, 2019 WL 101886 (5th Circuit, Jan 04,2019) Not Published
Case Status:
Affirmed
Ruling:
Because the tortious interference claim alleging a direct injury to the company's former CEO is not property of the estate, there is no basis for bankruptcy court jurisdiction.
Judge(s):
Wiener, Southwick, Costa
Tag(s):

IN RE: Green Jacobson, P.C.

  • Summarized by Samuel Henninger , University of Tennessee, College of Law
  • 1 month 2 weeks ago
Citation:
No. 18-1134, 2018 WL 6815727 (8th Circuit, Dec 28,2018) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
8th Circuit affirmed dismissal by bankruptcy court (E.D. Mo.) of plaintiff's claim for disgorgement because no disgorgement had been ordered in the underlying class action. Thus, the bankruptcy...
Judge(s):
Loken, Benton, Shepherd
Tag(s):

IN RE: WALTER ENERGY, INC.

Citation:
16-13483 (11th Circuit, Dec 27,2018) Published
Case Status:
Affirmed
Ruling:
In affirming the district court's ruling, the Eleventh Circuit held that the bankruptcy court had the authority to modify the premiums that Walter Coal owed to two funds which it established to...
Judge(s):
Martin, Jill Pryor and Anderson
Tag(s):

IN RE: TH PROPERTIES

  • Summarized by Nascine Howell , U.S. Bankruptcy Court, District of New Jersey
  • 1 month 3 weeks ago
Citation:
No. 17-1922 (3rd Circuit, Nov 28,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Third Circuit Court of Appeals vacated the district court’s order and remanded for further consideration, finding, in part, that the bankruptcy court and district court erred when they found...
Judge(s):
Ambro, Restrepo, and Fuentes, Circuit Judges
Tag(s):

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