Anytime Fitness v. Thornhill Brothers

Citation:
22-30757 Fifth Circuit (5th Circuit, Oct 27,2023) Published
Case Status:
Reversed and Remanded
Ruling:
Whether 11 U.S.C. § 365(f), or any other portion of Title 11, authorizes a bankruptcy court’s approval of a debtor’s partial assignment of an executory contract? It does not.
Judge(s):
Per Curiam- Richman, Chief Judge, and Southwick and Oldham.
Tag(s):

In re: SVENHARD’S SWEDISH BAKERY

Citation:
BAP No. EC-23-1001-GLB; Bk. No. 19-15277 (9th Circuit, Aug 29,2023) Published
Case Status:
Affirmed
Ruling:
A 9th Circuit BAP affirmed an opinion of the Bankruptcy Court for the Eastern District of California holding that a settlement agreement with a pension fund is not an executory contract because the...
Judge(s):
Gan, Lafferty, and Brand
Tag(s):

Inmarsat Global v. SpeedCast Intl

Citation:
22-20274 (5th Circuit, Aug 03,2023) Published
Case Status:
Affirmed
Ruling:
The 5th circuit held that the contracts that were at issue were not ambiguous. And, the definitions of critical terms contained within the contracts (that were the central focus of the disputes)...
Judge(s):
Barksdale, Southwick and Higginson
Tag(s):

First Foundation Bank v. Ramin Pourteymour (In re: Pourteymour)

Citation:
SC-22-1008-GFB, SC-22-1009-GFB, SC-22-1010-GFB (9th Circuit, Apr 12,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's orders dismissing a chapter 11 case pursuant to 11 U.S.C. § 1112(b) and denying a creditor's pending motions...
Judge(s):
GAN, FARIS, and BRAND
Tag(s):

In re: ALEX A. KHADAVI

Citation:
22-1205 (9th Circuit, Apr 03,2023) Not Published
Case Status:
Affirmed
Ruling:
U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of summary judgment by the U.S. Bankruptcy Court for the Central District of California (BC), declaring that the...
Judge(s):
Gary A. Spraker; Frederick P. Corbit; and William J. Lafferty III
Tag(s):

In re GenOn Mid-Atlantic Development, L.L.C.

Citation:
21-20557 (5th Circuit, Jul 29,2022) Published
Case Status:
Affirmed
Ruling:
Finding that the district court had jurisdiction and that abstention was not required, the Court entered a take-nothing judgment on an investment bank's breach of warranty claims against the...
Judge(s):
Smith, Wiener, and Southwick
Tag(s):

In re: ANDREA GROVES

Citation:
22-1002 (9th Circuit, Jul 13,2022) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the declaratory judgment of the U.S. Bankruptcy Court for the District of Arizona (BC), issued at the conclusion of a two-day...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Laura S. Taylor
Tag(s):

In re - HARLAN PAGE CONFER, III and CHARLOTTE CLUFF CONFER

Citation:
BAP No. EC-21-1140-TBG (9th Circuit, Mar 10,2022) Not Published
Case Status:
Reversed and Remanded
Ruling:
A contract to sell real property is no longer executory, regardless of what performance has not been completed, if a state court has entered an order compelling specific performance. Because a...
Judge(s):
TAYLOR, BRAND, and GAN, Bankruptcy Judges
Tag(s):

In re Weinstein Company Holdings LLC

Citation:
20-1878 (3rd Circuit, May 21,2021) Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the District Court and the Bankruptcy Court's decision that certain "Investment Agreements" were not "Purchased Assets" assigned to Spyglass Media Group,...
Judge(s):
AMBRO, KRAUSE, and PHIPPS
Tag(s):

In re Mensonides Dairy LLC

Citation:
20-1105 (9th Circuit, Dec 10,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Eastern District of Washington (BC) that the debtors had not defaulted under...
Judge(s):
Julia W. Brand; Scott H. Gan; and Robert J. Faris
Tag(s):

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