Home » Bankruptcy Process and Procedure » Executory Contracts/Leases

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

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 8 years 8 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
  • 9 years 2 weeks 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):

Fla. Agency for Health Care Admin. v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC)

Citation:
Florida Agency for Health Care Administration, United States of America v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC), Case No. 15-13731 (11th Cir. July 11, 2016).
Ruling:
The Eleventh Circuit held that the bankruptcy court erred as a matter of law when it exercised subject matter jurisdiction over certain provider agreements. By virtue of Medicare’s...
Judge(s):
Hull, Carnes, and Clevenger, Circuit Judges
Tag(s):

Bourbon Saloon, Inc. v. Absinthe Bar, L.L.C. (In re Bourbon Saloon, Inc.)

  • Summarized by ,
  • 9 years 11 months ago
Citation:
Case No. 15-30361 (5th Cir. 04/28/16) - NOT DESIGNATED FOR PUBLICATION
Ruling:
An agreed order between Reorganized Debtor and Lessor, which resolved pre-confirmation Debtor's motion to assume the applicable lease and Lessor's opposition thereto, was effective to assume the...
Judge(s):
JONES, WIENER, and HIGGINSON, Circuit Judges
Tag(s):

In re Trump Entertainment Resorts

  • Summarized by Elie Worenklein , Debevoise & Plimpton LLP
  • 10 years 2 months ago
Citation:
In re Trump Entertainment Resorts, et al., Case No. 14-4807 (3d Cir. Jan. 15, 2016)
Ruling:
The Third Circuit Court of Appeals affirmed the Delaware Bankruptcy Court's decision, 519 B.R. 76 (Bankr.D.Del. 2014), applying section 1113 of the Bankruptcy Code to allow the Debtors to reject a...
Judge(s):
Schwartz, Scirica and Roth
Tag(s):

In re Revel AC, Inc., et al.

  • Summarized by Edward Durnil , Tranzon Asset Advisors
  • 10 years 5 months ago
Citation:
In re Revel AC, Inc., et al. (3d Cir. 15-1253, Sept. 30, 2015)
Ruling:
Third Circuit reversed the District Court's denial of IDEA Boardwalk, LLC's ("IDEA") motion for stay pending appeal with respect to the portion of the Bankruptcy Court's sale order that allowed the...
Judge(s):
Ambro, Schwartz and Krause
Tag(s):

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