Sino Clean Energy, Inc. v. Seiden

Citation:
No. 17-15316 (9th Circuit, Aug 27,2018) Published
Case Status:
Affirmed
Ruling:
Former members of the board of directors of a Nevada corporation, who had been removed by the receiver for the corporation, did not have standing under Nevada law to file a bankruptcy petition on...
Judge(s):
Graber, Tallman, and Ivan L.R. Lemelle (Senior District Judge, E.D. La., sitting by designation)
Tag(s):

Clientron Corp. v. Devon IT, Inc.

Citation:
No. 16-3432 (3rd Circuit, Jul 05,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The Court of Appeals vacated the District Court's sanction order, and remanded to impose a new sanction. Under Pennsylvania law, tenants by the entirety legally are treated as one person, and...
Judge(s):
Geenaway, Jr., Krause, Circuit Judges, and Jones, District Judge sitting by designation.
Tag(s):

Franchise Services of N.A., Inc. v. U.S. Trustee

Citation:
No. 18-60093 (5th Circuit, May 22,2018) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed bankruptcy court (SD Miss) on direct appeal of order dismissing chapter 11 case based on failure to obtain shareholder consent for bankruptcy. Federal law does not prevent...
Judge(s):
King, Jones, Graves
Tag(s):

UTSA Apartments, L.L.C. v. UTSA Apartments 8, L.L.C.

Citation:
No. 17-50893 (5th Circuit, Mar 27,2018) Published
Case Status:
Reversed and Remanded
Ruling:
REVERSE the bankruptcy court’s decision to reduce UTSA’s share of the net proceeds and AFFIRM its decision to reduce Woodlark’s proof of claims. REMAND for further proceedings consistent with...
Judge(s):
HIGGINBOTHAM, PRADO, and HIGGINSON, Circuit Judges
Tag(s):

Tow v. Bulmahn (In the Matter of ATP Oil & Gas Corp.)

Citation:
No. 17-30077 (5th Circuit, Oct 27,2017) Published
Case Status:
Affirmed
Ruling:
Circuit Court affirmed the district court’s judgment that the Trustee failed to state a plausible claim upon which relief can be granted. It also held that the district court did not abuse its...
Judge(s):
REAVLEY, PRADO, and GRAVES, Circuit Judges
Tag(s):

Indian Harbor Insurance Co. v. Zucker

Citation:
16-1695/1697/1698 (6th Circuit, Jun 20,2017) Published
Case Status:
Affirmed
Ruling:
'Insured vs. Insured' exclusion in D&O insurance policy bars claims by a liquidating trustee against directors and officers of the company because such claims are brought by, on behalf of, or in...
Judge(s):
Sutton, Daughtrey, and Donald (dissenting)
Tag(s):

Han v. Official Committee of Unsecured Creditors (In re Kang)

Citation:
15-2345 (4th Circuit, Nov 29,2016) Not Published
Case Status:
Affirmed
Ruling:

Based on a signed operating agreement which prohbited transfers,of assets to protect a lender, and the principle that upon forfeiture of status by the Virginia State Corporation Commission all...

Judge(s):
Sheed, Duncan, Floyd
Tag(s):

Michael's Enterprises of Virginia, Inc. v. Branch Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.)

Citation:
Michael's Enterprises of Virginia, Inc. v. Branch Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.), Case no. 15-1807 (4th Cir. Apr. 6, 2016) (unpublished) (per curiam)
Ruling:
The decision of the bankruptcy court awarding sanctions against the corporate debtor and its sole shareholder on the grounds that the chapter 11 petition had been filed for the improper purpose of...
Judge(s):
Before Wilkinson and Floyd, Circuit Judges, and Davis, Senior Circuit Judge.
Tag(s):

Krueger v. Torres (In re Krueger)

Citation:
No. 14-11355, fifth Circuit Court of Appeals
Ruling:
Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant...
Judge(s):
HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
Tag(s):

Antioch Co. Litigation Trust v. Morgan, et al.

Citation:
File Name 15a0778n.06; Docket No. 14-3790
Ruling:
The Sixth Circuit Court of Appeals affirmed in part and reserved in part pending certification of a question to the Ohio Supreme Court. The Court of Appeals affirmed dismissal of claims alleging...
Judge(s):
Guy, Moore and Kethledge, opinion by Guy
Tag(s):

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