Rechnitz v. Schmidt

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 6 months ago

Citation:

23-20386 (5th Circuit, Aug 14,2024) Published

Case Status:

Affirmed

Ruling:

In this direct appeal, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the ruling of the U.S. Bankruptcy Court for the Southern District of Texas (BC) that the trustee for two...

Judge(s):

Kyle S. Duncan; Jennifer W. Elrod; and Irma C. Ramirez

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Claims
• Corporate Governance
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Preferences
• Valuation
• Venue/Jurisdiction
• Business Reorganization
• Commercial Fraud
• Lender Liability
• 11 U.S.C. § 548(a)(1)(A); 11 U.S.C. § 550(a)(2); 11 U.S.C. § 550(b)(1)

Dondero v. Highland Captl Mgmt

• Summarized by J. Eric Lockridge , Kean Miller
• 1 year 7 months ago

Citation:

22-10889 (5th Circuit, Jul 01,2024) Published

Case Status:

Affirmed

Ruling:

In its second opinion of the year arising from contempt orders and sanctions awards against the former CEO of debtor Highland Capital Management, the Fifth Circuit affirmed the Bankruptcy Court's...

Judge(s):

Southwick, Smith, and Higginson

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Ethics
• Professional Compensation/Fees
• Business Reorganization

IN RE: MICHAEL G. KASOLAS V. AURORA CAPIT

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 8 months ago

Citation:

23-60022 (9th Circuit, Jun 04,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit (Circuit) affirmed the dismissal of the decision of the circuit's Bankruptcy Appellate Panel (BAP) to affirm the partial dismissal of an adversary...

Judge(s):

Sidney R. Thomas; Gabriel P. Sanchez; and Consuelo Callahan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Fraudulent Transfers
• Practice and Procedure
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Small Business
• 11 U.S.C § 541; 11 U.S.C § 549(a)

Daileader v. Certain Underwriters at Lloyds London Syndicate 1861

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 11 months ago

Citation:

23-690 (2nd Circuit, Mar 18,2024) Published

Case Status:

Affirmed

Ruling:

Affirming the U.S. District Court for the Southern District of New York (DC), the U.S. Court of Appeals for the Second Circuit (Circuit) found no abuse of discretion in the DC's denial of the...

Judge(s):

John M. Walker Jr.; William J. Nardini; and Denny Chin

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Practice and Procedure
• Professional Practice Areas
• Insurance
• 11 U.S.C. § 541(c)(1)

IN RE: LATAM AIRLINES GROUP S.A.,

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 2 months ago

Citation:

22-1940 (2nd Circuit, Dec 14,2022) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit (Circuit) affirmed the August 31, 2022, order of the U.S. District Court for the Southern District of New York (DC) affirming a June 18, 2022, order...

Judge(s):

Pierre N. Leval; Denny Chin; and Eunice C. Lee

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Plan Confirmation
• Professional Practice Areas
• Airlines
• Business Reorganization
• International Insolvency
• Fed. R. Bankr. P. 1015(b)
• 11 U.S.C. § 502(b)(2); 11 U.S.C. § 1123; 11 U.S.C. § 1124(1);

NexPoint v. Highland Capital Management

• Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
• 3 years 6 months ago

Citation:

21-10449 (5th Circuit, Aug 19,2022) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The Fifth Circuit declined to invoke equitable mootness, as its review would not "affect the rights of parties not before the Court or the success of the plan." The Court then rejected the...

Judge(s):

Before Weiner, Graves, and Duncan, Circuit Judges. Stuart Kyle Duncan, Circuit Judge, authored the opinion.

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Creditors' Committee
• Financial Advisors
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Turnaround Issues
• Unsecured Trade Creditors

In re: CPESAZ LIQUIDATING, INC.,

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 7 months ago

Citation:

21-1123 (9th Circuit, Jul 12,2022) Not Published

Case Status:

Affirmed

Ruling:

Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) discerned no abuse of discretion or err in its...

Judge(s):

William J. Lafferty III; Scott H. Gan; and Laura S. Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Labor/Employment
• Lender Liability
• Public Companies and Claims Trading
• Small Business
• Fed. R. Bankr. P. 3018(a); Fed. R. Bankr. P. 8015
• 11 U.S.C § 105; 11 U.S.C § 524(e); 11 U.S.C § 1104; 11 U.S.C § 1112(b); 11 U.S.C § 1129(a)(7)

In re: ORANGE COUNTY BAIL BONDS, INC

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 9 months ago

Citation:

21-1086, 21-1126 (9th Circuit, Apr 27,2022) Published

Case Status:

Affirmed

Ruling:

Publishing so as to explain the role of a bankruptcy court to set the commitment period during which a debtor must pay its projected disposable income or its value in a subchapter V case, the U.S....

Judge(s):

Scott H. Gan; Laura S. Taylor; and William J. Lafferty III

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Small Business
• Turnaround Issues
• 11 U.S.C § 1112(b);; 11 U.S.C § 1129(a); 11 U.S.C § 1191(b); 11 U.S.C § 1191(c);

In re Draft Bars

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 4 months ago

Citation:

21-1054 (9th Circuit, Oct 14,2021) Not Published

Case Status:

Affirmed

Ruling:

Affirming a grant of summary judgment by the U.S. Bankruptcy Court for the District of Nevada (BC), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) agreed with its conclusion as to...

Judge(s):

Scott H. Gan; Laura S. Taylor; and William J. Lafferty III

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Fraud
• Practice and Procedure
• Valuation
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Hospitality, Entertainment Venues and Gaming
• Public Companies and Claims Trading
• Retail
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors

In re: BankAmerica Corporation

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 4 months ago

Citation:

19-3672 (8th Circuit, Oct 08,2021) Published

Case Status:

Affirmed

Ruling:

More than two decades after the shareholders of NationsBank and BankAmerica first filed securities law class actions after these two merged to form Bank of America Corp. (1999) and nearly two...

Judge(s):

James B. Loken; Jane L. Kelly; and Ralph P. Erickson

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Court Administration
• Practice and Procedure
• Professional Compensation/Fees
• Valuation
• Venue/Jurisdiction
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Investment Banking
• Lender Liability
• Mass Torts
• Public Companies and Claims Trading
• Turnaround Issues

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