Home » Bankruptcy Process and Procedure » Executory Contracts/Leases

In re Weinstein Company Holdings LLC

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 3 years 7 months ago
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):

In re Hsin-Shawn Cyndi Sheng

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 4 years 2 months ago
Citation:
BAP No. EC-19-1317-TLS (9th Circuit, Nov 05,2020) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's decision to award an administrative expense claim to the tenant of the individual chapter 7 debtor after the trustee had...
Judge(s):
TAYLOR, LAFFERTY, and SPRAKER
Tag(s):

Mission Product Holdings v. Schleicher and Stebbings Hotels LLC

  • Summarized by David Baker , Law Office of David G. Baker
  • 4 years 3 months ago
Citation:
19-9004 (1st Circuit, Oct 01,2020) Published
Case Status:
Affirmed
Ruling:
Appellate mootness rejected and bankruptcy court affirmed on the merits.
Judge(s):
Howard, C.J.; Selya; and Kayatta (author)
Tag(s):

Ky. Employees Retirement Sys. v. Seven Counties Servs., Inc.

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 4 years 5 months ago
Citation:
16-5569/5644 (6th Circuit, Jul 20,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Section 959(b) is not limited to compliance with health and safety laws and Debtor was required, pursuant to 28 U.S.C. 959(b), to make statutorily mandated post-petition contributions to the...
Judge(s):
Cole, McKeague, Stranche
Tag(s):

In re Medley v. Dish Network

Citation:
18-13841 (11th Circuit, May 01,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The 11th Circuit reversed summary judgment in favor of DISH as to the FCCPA claims because the district court failed to determine whether DISH possessed actual knowledge that its debt had been...
Judge(s):
Jill Pryor and Grant, Circuit Judges, and Royal, District Judge
Tag(s):

Medley v. Dish Network

Citation:
18-13841 (11th Circuit, May 01,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Circuit Court found that the District Court erred in finding the Pause debt was not discharged in the plaintiff's bankruptcy. The Agreement was deemed rejected as a matter of law under the...
Judge(s):
Jill Pryor, Grant and Royal (sitting by designation)
Tag(s):

In re Dan Mazzola

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 4 years 11 months ago
Citation:
19-8007 (6th Circuit, Jan 28,2020) Not Published
Case Status:
Affirmed
Ruling:
Motion to Dismiss Chapter 11 Case denied where Creditor/Franchisor did not validly terminate franchise agreement pre-petition, affording Debtor opportunity to assume Franchise Agreement and...
Judge(s):
Buchanan, Harrison & Opperman
Tag(s):

In re: FirstEnergy Solutions Corp

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 5 years 3 weeks ago
Citation:
Nos. 18-3787/3788/4095/4097/4107/4110; File No. 19a0294p.06 (6th Circuit, Dec 12,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Sixth Circuit determined that the necessity of available and functional bankruptcy relief is generally superior to the necessity of Federal Energy Regulatory Commission's having complete or...
Judge(s):
Batchelder, Griffin and Donald
Tag(s):

Nabors Offshore Corporation v. Whistler Energy II, LLC

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 5 years 5 months 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):

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