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Home » Bankruptcy Process and Procedure » Executory Contracts/Leases

Nabors Offshore Corporation v. Whistler Energy II, LLC

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 4 months 2 weeks ago
Citation:
18-30940 (5th Circuit, Jul 26,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
When can post-rejection damages be allowed as administrative expenses? The Court clarified: Claimant can prove "necessity" through "evidence of either a direct request from the...
Judge(s):
Higginson, Owen, Southwick
Tag(s):

Eisenberg v. Toledo-Lucas County Port Authority (In re BX Acquisitions, Inc.)

  • Summarized by Elizabeth Lamphier , U.S. Bankruptcy Court for the Western District of Michigan
  • 7 months 3 weeks ago
Citation:
18-8014 (6th Circuit, Apr 19,2019) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit BAP affirmed the bankruptcy court’s ruling (N.D. Ohio) that payments made to county port authority by debtor were authorized by agreed cash collateral orders and thus binding on...
Judge(s):
Harrison (author), Opperman, Wise
Tag(s):

IN RE; REVEL AC INC.

  • Summarized by David Banker , Montgomery, McCracken, Walker & Rhoads, LLP
  • 1 year 1 day ago
Citation:
Case No. 17-3607 (UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT) (3rd Circuit, Nov 30,2018) Published
Case Status:
Affirmed
Ruling:
IDEA Boardwalk may reduce its rent obligations by certain amounts entitled to recoupment under the Lease, (1) because they “fall within the ambit of rights preserved under Code §...
Judge(s):
AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges
Tag(s):

Fallon Family, L.P. v. Goodrich Petroleum Corp.

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 5 months ago
Citation:
No. 17-20278 (5th Circuit, Jun 27,2018) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed ruling of District Court (SD Tx.) and bankruptcy court that creditor could not claim void recorded mineral lease based on default under related promissory note and settlement...
Judge(s):
Davis, Jones, Higginson
Tag(s):

Wallach v. Smith (In re Nanodynamics, Inc.)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 1 year 6 months ago
Citation:
17-2410-cv (2nd Circuit, Jun 13,2018) Not Published
Case Status:
Affirmed
Ruling:
Summary Order, WITH NO PRECEDENTIAL EFFECT. Stock subscription agreement not enforceable by Chapter 7 trustee in bankruptcy under 11 U.S.C. section 365(c)(2), which precludes assumption of " a...
Judge(s):
Dennis Jacobs, Denny Chin, and Raymond J. Lohier, Jr., Circuit Judges
Tag(s):

Fort v. Suntrust Bank (In re International Payment Group, Inc.

Citation:
No. 16-2001: UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT (4th Circuit, May 30,2018) Not Published
Case Status:
Affirmed
Ruling:
Affirmed by unpublished per curiam opinion. "... the Trustee has failed to demonstrate a genuine dispute of material fact on the issue of whether SunTrust owed IPG [the debtor] any...
Judge(s):
Before DUNCAN and AGEE, Circuit Judges, and Leonie M. BRINKEMA, United States District Judge for the Eastern District of Virginia, sitting by designation.
Tag(s):

Harkey v. Grobstein (In the Matter of Point Center Financial, Inc.)

  • Summarized by Thomas Phinney , Parkinson Phinney
  • 1 year 6 months ago
Citation:
16-56321 (9th Circuit, May 29,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The 9th Circuit reversed the district court’s dismissal for lack of standing of an appeal from a bankruptcy court order that authorized a Chapter 7 trustee to assume an executory contract, where...
Judge(s):
A. Wallace Tashima and Marsha S. Berzon, Circuit Judges, and Matthew F. Kennelly, District Judge
Tag(s):

J & M Food Services, LLC v. Camel Investment L.L.C.

Citation:
AZ-17-1291-LKuB (9th Circuit, Mar 14,2018) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's orders (1) ruling that the debtor had failed to timely make an oral motion to assume a lease, (2) denying the use of its powers under section 105(a) to grant...
Judge(s):
LAFFERTY, KURTZ, and BRAND, Bankruptcy Judges
Tag(s):

David J. Pierce Trust U/A v. Alpha Natural Resources, Inc.

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 1 year 9 months ago
Citation:
17-1339 (4th Circuit, Feb 20,2018) Not Published
Case Status:
Affirmed
Ruling:
In a per curiam opinion, the Fourth Circuit affirmed the "thorough, well-reasoned opinions" of the Bankruptcy Court and the District Court that the Debtor, Alpha Natural Resources, Inc., could...
Judge(s):
Circuit Judges Thacker and Harris and Senior Circuit Judge Shedd.
Tag(s):

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