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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Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.), Case no. 15-1807 (4th Cir. Apr. 6, 2016) (unpublished) (per curiam)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
  • 7 years 2 months 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
  • 7 years 4 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
  • 7 years 6 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Biltmore Investments, LTD v. TD Bank, N.A., Case No. 15-1076 (4th Cir. Oct. 1, 2015) (unpublished) (per curiam).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
  • 7 years 8 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
  • 7 years 9 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):

Official Committee of Unsecured Creditors v. Baldwin

Citation:
Official Comm. of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), Case No. 13-2707 (3d Cir. Feb. 23, 2015)
Ruling:
Petition for rehearing by the merits panel and the Third Circuit Court of Appeals, en banc, is denied. In a separate opinion concurring in the denial of the petition for rehearing, four Circuit...
Judge(s):
McKee, Chief Judge; Rendell; Ambro; Fuentes; Smith; Fisher; Chagares; Jordan; Hardiman; Greenaway, Jr.; Vanaskie; Shwartz and Krause; Jordan (concurring, joined by Rendell, Ambro and Krause)
Tag(s):

USACM Liquidating Trust v. Deloitte &Touche

Citation:
No 11-15626 (9th Cir., June 6, 2014)
Ruling:
The Court of Appeals for the Ninth Circuit, amending its opinion dated February 18, 2014, AFFIRMED the decision of the district court, and denied debtor's petition for a rehearing.
Judge(s):
J. Clifford Wallace, Sandra S. Ikuta, and Marvin J. Garbis.
Tag(s):

The Majestic Star Casino, LLC v. Barden Development, Inc. (In re The Majestic Star Casino, LLC)

  • Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
  • 9 years 10 months ago
Citation:
Nos. 12-3200/3201 (3d Cir., May 21, 2013)
Ruling:
Debtor lacked standing to challenge non-debtor parent/shareholder's revocation of election of S Corp status. Rejecting cases from other circuits, the Third Circuit found that S Corp status is not...
Judge(s):
Ambro, Jordan, and Vanaskie
Tag(s):

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