Korean Claimants v. Dow Silicones Corp.

• Summarized by J. Debbeler , Bricker Graydon LLP
• 2 months 5 days ago

Citation:

23-193c; File No. 24a0447n.06 (6th Circuit, Nov 07,2024) Not Published

Case Status:

Affirmed

Ruling:

Claimants who failed to timely cash settlement checks from the Dow Corning Settlement Facility (Facility) are now barred from receiving payment by the district court order finalizing time for...

Judge(s):

Sutton, Chief Judge, and Readler, and Bloomkatz, Circuit Judges

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Mass Torts
• 1129

Dondero v. Jernigan

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 months 1 week ago

Citation:

24-10287 (5th Circuit, Nov 05,2024) Published

Case Status:

Affirmed

Ruling:

The appellants failed to meet their burden of showing that recusal of the bankruptcy judge was proper. Judicial recusal is proper only in exceptional circumstances, such as where the judge...

Judge(s):

Wiener, Willett, and Duncan, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Court Administration
• Practice and Procedure

TOWN SPORTS INTERNATIONAL, LLC V RAMON MORENO-CUEVAS

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 months 2 weeks ago

Citation:

24-1020 (3rd Circuit, Aug 21,2024) Not Published

Case Status:

Affirmed

Ruling:

In a per curiam opinion, the U.S. Court of Appeals for the Third Circuit (Circuit) found no error in the decision of the U.S. Bankruptcy Court for the District of Delaware (BC) denying relief from...

Judge(s):

Cheryl Ann Krause; Paul Matey; and Cindy K. Chung

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Claims
• Court Administration
• Plan Confirmation
• Practice and Procedure
• Real Estate
• Small Business
• 11 U.S.C. § 362(d)(1); 11 U.S.C. § 542(a)(2)

Congoleum Corporation V. Bath Works Corporation

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 5 months 1 week ago

Citation:

23-1295 (3rd Circuit, Aug 01,2024) Published

Case Status:

Affirmed

Ruling:

In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court finding that the Bankruptcy Court lacked good cause to reopen the former confirmed chapter 11 case of...

Judge(s):

CHAGARES, Chief Judge, MATEY and FUENTES, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Court Administration
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• 11 U.S.C. § 350

Marilyn Marshall v. Edward Johnson

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

Citation:

22-04449 (7th Circuit, May 03,2024) Published

Case Status:

Affirmed

Ruling:

Joining the U.S. Courts of Appeals for the Ninth and Tenth Circuits, whose decisions the U.S. Bankruptcy Court for the Northern District of Illinois (BC) had followed, the U.S. Court of Appeals for...

Judge(s):

Thomas Kirsch; Frank Easterbrook; and Diane S. Sykes

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Plan Confirmation
• Practice and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C. § 1326(a)(2); 11 U.S.C. § 1141; 11 U.S.C. § 1226(a)(2); 11 U.S.C. § 1194(a)(3); 28 U.S.C. § 586(e)(2)

Szanto v. Amborn (In re Szanto)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 8 months 4 weeks ago

Citation:

No. 22-60015 (9th Circuit, Apr 17,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not abuse its discretion in awarding compensation to a law firm for work performed in a Singapore proceeding. The...

Judge(s):

O'Scannlain, Fernandez, and Silverman

Tag(s):

• 9th Circuit
• Administrative Expense Claims
• Bankruptcy Litigation
• Court Administration
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• 11 U.S.C. § 330

Shay v. Hoffman (In re Metschan)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 9 months 1 week ago

Citation:

No. 23-15861 (9th Circuit, Apr 05,2024) Not Published

Case Status:

Dismissed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit held (1) it lacked jurisdiction to review a bankruptcy court's decision to permissively abstain; (2) the appellant waived any due process argument...

Judge(s):

PAEZ, WALLACH, and NGUYEN

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Bankruptcy Litigation
• Claims
• Court Administration
• Practice and Procedure
• Venue/Jurisdiction
• Family/Divorce Issues
• Fed. R. Bankr. P. 8002

Charitable DAF Fund v. Highland Cap. Mgmt., L.P. (In re Highland Cap. Mgmt., L.P.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 9 months 1 week ago

Citation:

No. 22-11036 (5th Circuit, Apr 04,2024) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court erred in sanctioning a law firm and its client by shifting $239,655 in legal fees. The fee-shifting amounted to a criminal...

Judge(s):

Dennis, Engelhardt, and Oldham

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Practice and Procedure
• 11 U.S.C. § 105(a)

Blumsack v. Harrington (In re Blumsack)

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 10 months 1 week ago

Citation:

BAP NO. 23-003 (1st Circuit, Mar 05,2024) Published

Case Status:

Affirmed

Ruling:

The Court of Appeals affirmed the dismissal of the case but do so on different grounds from those articulated by the Bankruptcy Court. The dual requirements of § 1307(c)(5) were satisfied. The...

Judge(s):

Godoy, Cary and Fagon

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Court Administration
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• § 1307(c)
• § 105
• § 109
• § 1325

IN RE: MEGAN MARIE TETER

• Summarized by J. Debbeler , Bricker Graydon LLP
• 1 year 1 week ago

Citation:

No. 22-3778; File Name: 24a0003p.06 (6th Circuit, Jan 03,2024) Not Published

Case Status:

Affirmed

Ruling:

A debtor is not entitled to recover attorneys fees from the United States Trustee's Office (UST) under the Equal Access to Justice Act (EAJA) when the UST withdraws a motion to dismiss the...

Judge(s):

Gilman, Bush, Readler

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Court Administration
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Debt
• Govt. Claims/Sovereign Immunity
• 9002
• 8019
• 707(b)

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