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UMB Bank, National Association v. Berry Petroleum (In re Linn Energy)

Summarizing by Craig Geno

United States v. Thomas Thompson

Citation:
No. 17-4264; File Name: 19a01107p.06 (6th Circuit, May 29,2019) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit affirmed the District Court's denial of a motion to terminate a defendant's civil-contempt sanctions in accordance with U.S.C. Section 1826. The Sixth Circuit found that because the...
Judge(s):
Moore, Clay and Donald, Circuit Judges
Tag(s):

SEC, et al v. Albert Kaleta

Citation:
18-20579 (5th Circuit, May 15,2019) Not Published
Case Status:
Dismissed
Ruling:
In non-bankruptcy SEC receivership case, 5th Circuit dismissed for lack of jurisdiction movants' appeal of district court's (SD Tex.) denial of their motion for leave to sue SEC receiver and motion...
Judge(s):
Stewart, Graves, Duncan
Tag(s):

Carey Ebert v. Michael Gustin

Citation:
18-10382 (5th Circuit, Apr 30,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Chapter 11 Trustee lacked Article III standing to pursue a claim where the Debtor actually benefited from the alleged fraud/negligence and the Debtor did not suffer an injury.
Judge(s):
Barksdale, Southwick and Haynes
Tag(s):

Davis.v. Asphalt Professionals, Inc. (In re Davis)

Citation:
BAP Nos. CC-18-1158-FKuTa & CC-18-1163-FkuTa (9th Circuit, Jan 31,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed defense judgment of bankruptcy court (CD Cal.) on creditor's 11 USC 523/727 suit. Bankruptcy court correctly followed California discretionary law of issue preclusion...
Judge(s):
Faris, Kurtz, Taylor
Tag(s):

IN RE: BOYCE

Citation:
BAP Nos. CC-18-1052-STaL, CC-18-1058-STaL (Consolidated), 2018 WL 6565685 (9th Cir. Dec. 12, 2018) (9th Circuit, Dec 12,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP of the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) granting summary judgment to creditor on an issue of whether debtor should be barred from relitigating the fraud...
Judge(s):
Spraker, Taylor, Lafferty
Tag(s):

THERMO CREDIT, LLC v DCA SERVICES, INC.,

Citation:
Case No. 17-4207; File No. 18a0542n.06 (6th Circuit, Oct 29,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
Sixth Circuit held that, under the Ohio UFTA, payments subject to a valid lien cannot be subject to being recovered from a transferee. The Court also held that a lender that is aware of the...
Judge(s):
Gibbons, Stranch and Bush, Circuit Judges
Tag(s):

Auslander v. Murray

Citation:
17-1272 (2nd Circuit, Aug 14,2014) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Court did not abuse its discretion in sua sponte dismissing a single creditor involuntary petition for cause, under 11 U.S.C. 707(a). Bankruptcy Court was being used as a collection...
Judge(s):
Walker, Hall, and Lohier, Circuit Judges
Tag(s):

McCleskey v. CWG Plastering, LLC

Citation:
No. 17-1980 (7th Circuit, Jul 31,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
The district court’s ruling on Defendant’s Motion for Summary Judgment was reversed and remanded due to the Seventh Circuit finding that Plaintiff proffered considerable evidence that a trier...
Judge(s):
Easterbrook, Hamilton, and Wood
Tag(s):

A&G Goldman PA v. Picard

Citation:
17-512-bk (2nd Circuit, Jun 27,2018) Not Published
Case Status:
Affirmed
Ruling:
SUMMARY ORDER WITH NO PRECEDENTIAL EFFECT. Held that purported securities claim for control person liability asserted by customers in Florida action was instead a disguised claim for the...
Judge(s):
Pierre N. Leval, Gerard E. Lynch, and Christopher F. Droney, Circuit Judges
Tag(s):

Deeprock Venture Partners, L.P. v. Beach

Citation:
17-10481 (5th Circuit, May 16,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Court's granting of a Rule 9019 settlement was affirmed by the Fifth Circuit. The opinion discusses, in detail, the standards for approving settlement and compromises in the Fifth...
Judge(s):
Stewart, Haynes and Willett
Tag(s):

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