Dondero v. Highland Captl Mgmt

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 6 months 1 week 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: WITCHEY ENTERPRISES, INC.

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 7 months 6 days ago

Citation:

No. 23-1883 (3rd Circuit, Jun 04,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Third Circuit affirmed a district court's determination that a bankruptcy court did not abuse its discretion in denying fees to a chapter 11 debtor's counsel based...

Judge(s):

KRAUSE, CHUNG, RENDELL

Tag(s):

• 3rd Circuit
• Administrative Expense Claims
• Ethics
• Practice and Procedure
• Professional Compensation/Fees
• Fed. R. Bankr. P. 2014; Fed. R. Bankr. P. 9014(d)
• 11 U.S.C. § 327(a); 11 U.S.C. § 372(a); 11 U.S.C. § 328(c); 11 U.S.C. § 1109(b)

Stephen Sewalk, et al v. Valpak Direct Marketing Systems, LLC

• Summarized by Taylor King , U.S. Bankruptcy Court, Middle District of Florida
• 10 months 2 weeks ago

Citation:

22-13819 (11th Circuit, Feb 26,2024) Not Published

Case Status:

Affirmed

Ruling:

The 11th Circuit had jurisdiction because the "motion for leave" was construed as a motion for reconsideration under Rule 59 and therefore, tolled the 30 day deadline for an appeal. As to the...

Judge(s):

Charles R. Wilson, Jill A. Pryor, Andrew L. Brasher

Tag(s):

• 11th Circuit
• Automatic Stay
• Ethics
• Small Business

In re Frantz

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 6 days ago

Citation:

BAP No. CC‐23‐1112‐FLG (9th Circuit, Dec 29,2023) Published

Case Status:

Reversed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court abused its discretion in issuing monetary sanctions sua sponte to chapter 13 debtors' counsel due to counsel's...

Judge(s):

FARIS, LAFFERTY, and GAN

Tag(s):

• 9th Circuit
• Ethics
• Practice and Procedure
• Consumer Bankruptcy
• Mortgage
• Fed. R. Bankr. P. 9011
• 11 U.S.C. § 1328(a)

In re: DA & AR HOSPICE CARE, INC.

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 2 months ago

Citation:

22-1128 (9th Circuit, Oct 20,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the findings of the U.S. Bankruptcy Court for the Central District of California (BC) that Michael Eugene Reznick (RZ), an...

Judge(s):

Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Ethics
• Fraud
• Personal Bankruptcy Topics
• Small Business
• Fed. R. Bankr. P. 9011

ESTATE OF SOAD WATTAR, et al

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

Citation:

17-1615, 18-2197 & 22-2826 (7th Circuit, Apr 21,2023) Not Published

Case Status:

Affirmed

Ruling:

Consolidating appeals arising out of the chapter 7 case of Richard Sharif (DR), the U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the bankruptcy court’s rulings: denying the...

Judge(s):

Frank H. Easterbrook; Diane P. Wood; and Thomas L. Kirsch II

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Ethics
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Family/Divorce Issues
• Professional Practice Areas
• Finance and Banking
• Insurance
• Real Estate
• Fed. R. Bankr. P. 9011
• 11 U.S.C § 542; 11 U.S.C § 701(a)(1)

In re: METAL RECOVERY SOLUTIONS, INC

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

Citation:

22-1081 (9th Circuit, Jan 17,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Nevada (BC) sustaining the objection of Geo-Logic Associates,...

Judge(s):

Julia W. Brand; Robert J. Faris; and William J. Lafferty III

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Ethics
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Finance and Banking
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 3001(f); Fed. R. Bankr. P. 2004; Fed. R. Bankr. P. 7030
• 11 U.S.C § 502(a); 11 U.S.C § 502(b)(1); 11 U.S.C § 502(b)(4)

Burch v. Chase Bank of TX

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 1 month ago

Citation:

21-10054 (5th Circuit, Nov 22,2022) Not Published

Case Status:

Affirmed

Ruling:

In a per curiam opinion, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found William Paul Burch (Debtor) to have raised no nonfrivolous issues on appeal and thus denied his motion to...

Judge(s):

Patrick E. Higginbotham; S. Kyle Duncan; and Charles R. Wilson

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Ethics
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Finance and Banking
• Fed. R. Bankr. P. 9024

In the Matter of: Jon Amberson

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 1 month ago

Citation:

21-50960 (5th Circuit, Nov 18,2022) Published

Case Status:

Affirmed

Ruling:

While the judges divided over the preferred approach and proper reasoning, this panel of the U.S. Court of Appeals for the Fifth Circuit (Circuit) unanimously agreed that the underlying arbitration...

Judge(s):

Leslie H. Southwick; Edith H. Jones; and Andrew S. Oldham

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Bankruptcy Litigation
• Ethics
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Professional Compensation/Fees
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Labor/Employment
• Real Estate
• Retail
• Small Business

In re: CESAR MONTIEL PEREZ

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

Citation:

SC-21-1173 (9th Circuit, Oct 18,2022) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Southern District of California (BC) that imposed $2,990 in fines and...

Judge(s):

William J. Lafferty III; Julia W. Brand; and Robert J. Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Ethics
• Financial Advisors
• Fraud
• Practice and Procedure
• Professional Compensation/Fees
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Fed. R. Bankr. P. 7037; Fed. R. Bankr. P. 7056
• 11 U.S.C § 110

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