Home » Bankruptcy Process and Procedure » Executory Contracts/Leases

Mission product Holdings, Inc. v. Tempnology, LLC

  • Summarized by David Baker , Law Office of David G. Baker
  • 6 years 12 months ago
Citation:
16-9106 (1st Circuit, Jan 12,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court affirmed. BAP had affirmed in part and reversed in part.
Judge(s):
Kayatta (author) and Lynch, with Torruella concurring in part and dissenting in part.
Tag(s):

Phoenician Mediterranean Villa, LLC v. Swope (In re J&S Properties)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 7 years 3 months ago
Citation:
16-3366 (3rd Circuit, Sep 28,2017) Published
Case Status:
Affirmed
Ruling:
As trustees are government officials, the doctrine of "qualified immunity" applies to discretionary actions taken by a trustee to preserve the estate's assets. "Qualified immunity" shields...
Judge(s):
Hardiman, Roth, Fisher
Tag(s):

PINNACLE RESTAURANT AT BIG SKY LLC V CH SP ACQUISITIONS LLC

  • Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
  • 7 years 3 months ago
Citation:
15-35572 (9th Circuit, Sep 12,2017) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the order of the district court affirming the bankruptcy court’s decision that a bankruptcy trustee’s sale of a debtor’s property was free and...
Judge(s):
Kozinski, Fletcher, Block
Tag(s):

Netflix, Inc. v. Relativity Media, LLC (In re Relativity Fashion, LLC)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 7 years 4 months ago
Citation:
16-3282-bk (2nd Circuit, Aug 22,2017) Not Published
Case Status:
Affirmed
Ruling:
(1)Bankruptcy court had post-confirmation jurisdiction to adjudicate dispute over interpretation of contract assumed by debtor during bankruptcy-if Netflix had been permitted to stream films before...
Judge(s):
Reena Raggi and Raymond J. Lohler, Jr., Circuit Judges, and Joan M. Azrack, District Judge for E.D.N.Y. sitting by designation
Tag(s):

Gretter v. Greeter Autoland, inc. (In re Greeter Autoland, Inc.)

Citation:
16-3490 (8th Circuit, Jul 25,2017) Published
Case Status:
Dismissed
Ruling:
The appeal of the bankruptcy's denial of the debtors' motion to assume and assign automobile dealership agreements was moot because, among other reasons, the assignment would require the proposed...
Judge(s):
WOLLMAN, ARNOLD, GRUENDER
Tag(s):

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

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 7 years 5 months ago
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):

Home Care Providers, Inc., et al v. Hemmelgarn

Citation:
16-2054, 16-3668, 16-3669 (7th Circuit, Jun 27,2017) Published
Case Status:
Reversed and Remanded
Ruling:
A dissolved preliminary injunction issued by a bankruptcy court could still be reviewed by the district court on appeal where the preliminary injunction resulted in Medicare reimbursement payments...
Judge(s):
BAUER, FLAUM, KANNE
Tag(s):

ABOVE-ALL TRANSPORTATION, INC. v FRAHER

  • Summarized by William Amann , Amann Burnett, PLLC
  • 7 years 10 months ago
Citation:
BAP No. MB 16-026 (MA BK Case No. 14-14241-MSH, Adv Pro No. 14-01201-MSH) (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...
Judge(s):
Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)
Tag(s):

Partap Investments, LLC v. Kittusamy, LLP (In re Kittusamy, LLP)

Citation:
BAP No. NV-16-1242-LJuKu (9th Circuit, Mar 10,2017) Not Published
Case Status:
Affirmed
Ruling:
A purchaser of leased personal property at a foreclosure sale was not entitled to assert an administrative rent claim against the debtor where the lease was a disguised security interest, the bill...
Judge(s):
LAFFERTY, JURY, and KURTZ
Tag(s):

Parkview Adventist Medical Center v. U.S.A.

Citation:
16-1731 (1st Circuit, Nov 29,2016) Published
Case Status:
Affirmed
Ruling:

Affirming the lower courts’ decisions, the First Circuit held that the termination by the Centers for Medicare & Medicaid Services (CMS) of their provider agreement with the debtor did not...

Judge(s):
Lynch, Stahl, and Barron
Tag(s):

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