Jinil Steel Company, Limited v. Valuepart, Incorporated

• Summarized by Aaron Kaufman , Dykema Gossett PLLC
• 1 week 10 hours ago

Citation:

19-10461 (5th Circuit, Mar 20,2020) Not Published

Case Status:

Affirmed

Ruling:

Affirmed lower courts' decision to disallow a late-filed claim by a Korean-based creditor. Burden of showing excusable neglect was not met by arguments and evidence of an English-Korean language...

Judge(s):

Clement, Higginson, Engelhardt

Tag(s):

• 5th Circuit
• Claims
• 3007
• 502

Bank of Missouri v. Family, Pharmacy, Inc

• Summarized by Michael Cooley , Reed Smith LLP
• 1 week 2 days ago

Citation:

19-6025 (8th Circuit, Mar 19,2020) Not Published

Case Status:

Reversed and Remanded

Ruling:

An oversecured creditor’s claim for postpetition default interest under § 506(b) should be computed at the rate—default or nondefault provided in the parties’ agreement, and should be...

Judge(s):

Saladino, Schermer, and Shodeen

Tag(s):

• 8th Circuit
• Claims

Keach v. New Brunswicl S. Rwy. Co. Ltd.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 weeks 15 hours ago

Citation:

19-1161 (1st Circuit, Mar 10,2020) Published

Case Status:

Affirmed

Ruling:

11 U.S.C. § 1171(b) is substantially the same as section 205(b) of the prior Bankruptcy Act. Accordingly, the decision of the First Circuit in In re Boston Maine Corp., 634 F.2d 1359 (1st Cir....

Judge(s):

Torruella, Thompson, and Barron

Tag(s):

• 1st Circuit
• Claims
• 1171(b)

In re Energy Future Holdings Corp.

• Summarized by Ryan Heilman , Wernette Heilman PLLC
• 1 month 1 week ago

Citation:

19-1430 (3rd Circuit, Mar 18,2020) Published

Case Status:

Affirmed

Ruling:

The Third Circuit affirmed the Bankruptcy Court's ruling confirming Debtors' plan that did not include a 524(g) trust for latent asbestos claims, holding that applying Rule 3003(c)(3) complies with...

Judge(s):

KRAUSE and MATEY (Circuit Judges) and ALEJANDRO (District Judge sitting by designation)

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Professional Practice Areas
• Business Reorganization
• Mass Torts
• Rule 3003(c)(3)
• 11 U.S.C. § 524(g); 11 U.S.C. § 524(g)

Trendsetter HR L.L.C., et al v. Zurich American In

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 month 2 weeks ago

Citation:

19-10056 (5th Circuit, Feb 11,2020) Published

Case Status:

Affirmed

Ruling:

(1) The bankruptcy court did not err by awarding the creditor both unpaid invoices and future claims. (2) The creditor's unpaid-invoices claim is recognized under applicable state law, and thus...

Judge(s):

ELROD, WILLETT, and OLDHAM

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Claims

Dewitt v. Stewart (In re Stewart)

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 1 month 3 weeks ago

Citation:

18-9007 (1st Circuit, Feb 03,2020) Published

Case Status:

Reversed and Remanded

Ruling:

The bankruptcy court misapplied the standard for fraudulent intent under § 523(a)(2)(A) -- best articulated by our decision in Palmacci v. Umpierrez, 121 F.3d 781 (1st Cir. 1997) -- which it was...

Judge(s):

Howard, Torruella, Seyla

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• 11 U.S.C. § 523(a)(2)(A)

In re Millennium Lab Holdings LLC

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 2 months 4 weeks ago

Citation:

No. 18-3210 (Precedential) (3rd Circuit, Dec 19,2019) Published

Case Status:

Affirmed

Ruling:

The Third Circuit held the Bankruptcy Court had constitutional authority to confirm a reorganization plan containing third party releases of RICO/fraud claims by a lender against the debtor's...

Judge(s):

CHAGARES, JORDAN, and RESTREPO

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Claims
• Fraud
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• 11 U.S.C. §1129; 28 U.S.C. § 157; 28 28 U.S.C. § 1334; Stern v. Marshall
• 564 U.S. 462
• 497 (2011)

Ultra Petroleum Corporation, et al v. Ad Hoc Commi

• Summarized by Lars Fuller , BakerHostetler
• 3 months 4 weeks ago

Citation:

No. 17-20793 (5th Circuit, Nov 26,2019) Published

Case Status:

Reversed and Remanded

Ruling:

On direct appeal, 5th Cir. reversed and remanded bankruptcy court (SD Tx.) ruling that class of noteholders were impaired by solvent debtor's chapter 11 plan that provided creditors with full...

Judge(s):

Davis, Engelhardt, Oldham

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Claims
• Plan Confirmation
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Investment Banking
• § 1124

Umpqua Bank v. Carolyn Burke (In re Burke)

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 3 months 4 weeks ago

Citation:

BAP No. NC-18-1260-STaB (9th Circuit, Nov 25,2019) Not Published

Case Status:

Reversed

Ruling:

Debtor's 2009 bankruptcy discharge did not bar creditor from bringing an unjust enrichment action after creditor erroneously submitted an escrow demand that was too low when debtor sold her home in...

Judge(s):

Spraker, Taylor, Brand

Tag(s):

• 9th Circuit
• Claims
• Consumer Bankruptcy
• Discharge/Dischargeability
• 7056
• 727(b)
• 524(a)(2)
• 101

Reach, Incorporated v. J. Smith

• Summarized by Aaron Kaufman , Dykema Gossett PLLC
• 4 months 1 week ago

Citation:

19-60175 (5th Circuit, Nov 20,2019) Not Published

Case Status:

Affirmed

Ruling:

Adding judicial gloss to its earlier Sneed Shipbuilding decision, the Court explained that not all appeals are statutorily moot under 363(m), particularly where there is no evidence of "mutual...

Judge(s):

King, Graves, Willett (per curiam)

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Claims
• Practice and Procedure
• Rule 6004
• 8002(a)
• 363

Pages

• 1
• 2
• 3
• 4
• 5
• 6
• 7
• 8
• 9
• …
• next