In re Nations First Capital, LLC

Citation:
BAP No. EC-19-1201-GLB (9th Circuit, Jun 05,2020) Not Published
Case Status:
Reversed
Ruling:
The bankruptcy court abused its discretion by reconsidering a claim disallowance under section 502(j) and FRCP 60(b)(6)) despite finding that the claimant lacked a cogent excuse for failing to...
Judge(s):
GAN, LAFFERTY, and BRAND
Tag(s):

In re S.S. Body Armor Inc.

Citation:
Nos. 19-2313, 19-2314, 19-2315 and 19-2316 (3rd Circuit, Jun 04,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
First, the Court reversed the Bankruptcy Court's finding that appellant was entitled to a contingent fee award for objecting to a derivative action settlement and thereby improving the outcome, and...
Judge(s):
Circuit Judges Restrepo, Roth, and Fisher
Tag(s):

In re Richard Lane

Citation:
18-60059 (9th Circuit, Jun 01,2020) Published
Case Status:
Affirmed
Ruling:
A bankruptcy court may not void a lien under §506(d) when a claim relating to the lien is disallowed because the creditor who filed the proof of claim did not prove that it was entitled to enforce...
Judge(s):
Paez, Bea, Adelman
Tag(s):

In re Peabody Energy Corporation

Citation:
18-3242, 19-1767 (8th Circuit, May 06,2020) Published
Case Status:
Affirmed
Ruling:
The governmental entities' claims for damages for environmental damages, other than those recognized under environmental laws such as the Clean Water Act and CERCLA and state and local equivalents...
Judge(s):
GRUENDER, ARNOLD, and SHEPHERD
Tag(s):

Wheeling and Lake Erie Ry. Co. v. Keach

Citation:
19-1894 (1st Circuit, Apr 09,2020) Published
Case Status:
Affirmed
Ruling:
The First Circuit affirmed the district court judgment giving due deference to the factfinder's resolution of the burden of proof issue.
Judge(s):
Howard, Salya and Lynch
Tag(s):

Jinil Steel Company, Limited v. Valuepart, Incorporated

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):

In re Energy Future Holdings Corp.

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):

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

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):

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