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

  • Summarized by J. Newman , Newman & Newman
  • 7 years 11 months ago
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.)

  • Summarized by J. Newman , Newman & Newman
  • 8 years 4 months ago
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

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 8 years 8 months ago
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)

  • Summarized by Brooke Schumm , Daneker, McIntire, Schumm, et al.
  • 9 years 2 months ago
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Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.), Case no. 15-1807 (4th Cir. Apr. 6, 2016) (unpublished) (per curiam)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)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 10 years 1 month ago
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.

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 10 years 2 months ago
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):

Biltmore Investments, LTD v. TD Bank, N.A.

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 10 years 5 months ago
Citation:
Biltmore Investments, LTD v. TD Bank, N.A., Case No. 15-1076 (4th Cir. Oct. 1, 2015) (unpublished) (per curiam).
Ruling:
The court of appeals held the automatic stay expired upon confirmation of a Chapter 11 plan of reorganization. The district court erred in extending the automatic stay stay to enjoin a bank from...
Judge(s):
Before Circuit Judges Paul V. Niemeyer,Robert B. King, and Roger L. Gregory.
Tag(s):

In re Charles Edward Taylor, II

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 10 years 7 months ago
Citation:
In re Taylor, No. 14–3017, 2015 WL 4393732, --- F.3d --- (7th Cir. July 20, 2015)
Ruling:
Affirming the district court, the Seventh Circuit first held that the appeal was not moot even though the debtor had entered into a settlement agreement with one of the appellees because the other...
Judge(s):
Wood, Chief Judge; Rovner, Circuit Judge; and Springmann, District Judge (sitting by designation)
Tag(s):

Corrie Opportunities Fund, LP v. Emmis Communications Corp.

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 10 years 7 months ago
Citation:
Corrie Opportunities Fund, LP v. Emmis Communications Corp., Court of Appeals, 7th Circuit (July 2, 2015)
Ruling:
This ruling set a precedent, as there have been no cases in Indiana courts that interpret the statutes discussed in this case. As long as a share is “outstanding,” it has a vote and in...
Judge(s):
Flaum, Easterbrook, Kanne
Tag(s):

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