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In re: DIANN MARIE CATES

Summarizing by Lars Fuller

IN RE: W.R. GRACE & CO, et al.,

Citation:
20-2171 (3rd Circuit, Sep 15,2021) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court (BC), the Third Circuit (Panel) resolved, had misapplied the framework limned in a prior circuit opinion for analyzing the nature of the provided services of some insurers to...
Judge(s):
Julio M. Fuentes; Peter J. Phipps; and Cheryl A. Krause
Tag(s):

In re VeroBLue Farms USA, Inc.

Citation:
19-3413, 19-3487 (8th Circuit, Aug 05,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Albeit agreeing with the district court that it (as well as itself) had statutory subject matter jurisdiction, the U.S. Court of Appeals for the Eighth Circuit (Panel) concluded that the district...
Judge(s):
James B. Loken; Steven L. Grasz; and Jonathan A. Kobes
Tag(s):

Assured Gauranty Corp. v Commonwealth of Puerto Rico

Citation:
20-1930 (1st Circuit, Mar 03,2021) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the First Circuit (Circuit) held that the judge sitting by designation on the U.S. District Court for the District of Puerto Rico solely for hearing petitions under...
Judge(s):
Sandra L. Lynch; Kermit V. Lipez, and Ojetta R. Thompson
Tag(s):

Victor Kearney v. Unsecured Creditors Committee

Citation:
19-2209 (10th Circuit, Feb 24,2021) Published
Case Status:
Affirmed
Ruling:
Affirming the Bankruptcy Appellate Panel (BAP), the U.S. Court of Appeals for the Tenth Circuit held: (1) the one-time distribution of assets of two spendthrift trusts (Trsts) for which the debtor...
Judge(s):
Stephanie K. Seymour; Jane L. Kelly; and Scott M. Matheson Jr.
Tag(s):

In re Glenview Health Care Facility, Inc.

Citation:
19-8028 (6th Circuit, Nov 06,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court erred by disqualifying proposed counsel for a creditors' committee based on the court's conclusion that the law firm's prior representation of a 50% shareholder of the debtor...
Judge(s):
BUCHANAN, DALES, and MASHBURN
Tag(s):

IN RE: THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, AS REPRESENTATIVE FOR THE COMMONWEALTH OF PUERTO RICO

Citation:
17-1831 (1st Circuit, Sep 22,2017) Published
Case Status:
Reversed and Remanded
Ruling:
District Court abused its discretion in denying intervention
Judge(s):
Howard (C.J. and author); Torruella and Kayatata
Tag(s):

Kohut v. United Healthcare Insurance Co. (In re LSC Liquidation, Inc.)

Citation:
No. 16-2324; File Name:17a0415n.06 (6th Circuit, Jul 18,2017) Not Published
Case Status:
Affirmed
Ruling:
Sixth Circuit affirmed bankruptcy court's decision and found that the bankruptcy court did not abuse its discretion in modifying its order under Rule 60(b) to clarify that health insurance policies...
Judge(s):
Suhrheinrich, Batchelder and Stranch, Circuit Judges
Tag(s):

Blixseth v. Brown (In re Yellowstone Mountain Club, LLC)

Citation:
14-35363 (9th Circuit, Nov 28,2016) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:

The Barton doctrine, which requires permission of the bankruptcy court to sue a bankruptcy trustee in any court other than the bankruptcy court, applies to actions against members...

Judge(s):
Kozinski, Paez and Berzon
Tag(s):

Tendering Phones Holders, et al. v. Large Private Benefecial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

Citation:
2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)
Ruling:
The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while...
Judge(s):
WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge
Tag(s):

Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.)

Citation:
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and...
Judge(s):
Hardiman, Scirica, and Barry, Circuit Judges
Tag(s):

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