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

• Summarized by Kathleen DiSanto , Bush Ross, P.A.
• 8 years 6 months ago

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):

• 11th Circuit
• Bankruptcy Taxation
• Health Care
• Executory Contracts/Leases
• Plan Confirmation
• 1129
• 365

Ulrich v. Schian Walker, P.L.C. (In re Boates)

• Summarized by James Webster , Law Office of James Portman Webster, PLLC
• 8 years 7 months ago

Citation:

-- F.3d -- (6/26/16)

Ruling:

The Ninth Circuit BAP characterized the pre-petition legal agreement as an executory agreement, and as such, the case had to be remanded to determine the date the executory agreement was...

Judge(s):

KURTZ, JAIME and JURY, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Executory Contracts/Leases
• 365

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

• Summarized by ,
• 8 years 8 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):

• 5th Circuit
• Business Reorganization
• Executory Contracts/Leases
• § 365

In re Trump Entertainment Resorts

• Summarized by Elie Worenklein , Debevoise & Plimpton LLP
• 8 years 11 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):

• 3rd Circuit
• Executory Contracts/Leases
• 1113

In re Revel AC, Inc., et al.

• Summarized by Edward Durnil , Tranzon Asset Advisors
• 9 years 3 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):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Business Reorganization
• Executory Contracts/Leases
• 8007
• § 363
• § 365

Avila v. CitiMortgage, Inc.

• Summarized by Kurt Carlson , Carlson Dash LLC
• 9 years 4 months ago

Citation:

Avila v. CitiMortgage, Incorporated, Court of Appeals, 7th Circuit 2015 (unpublished)

Ruling:

(1) A provision in a mortgage contract that places the proceeds from a homeowner’s insurance claim with the lender during repair and restoration does not create a fiduciary relationship between...

Judge(s):

Sykes

Tag(s):

• 7th Circuit
• Claims
• Executory Contracts/Leases

Lariat Co. Inc. v. Wigley (In re Wigley)

• Summarized by Lars Fuller , BakerHostetler
• 9 years 6 months ago

Citation:

Lariat Companies, Inc. v. Wigley (In re Wigley), No. 14-6043 (BAP 8th Cir. June 19, 2015)

Ruling:

The BAP for the 8th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (D. Minn.-Minneapolis) after bankruptcy court sustained debtor's objection and capped creditor's...

Judge(s):

Federman, Nail, Shodeen

Tag(s):

• 8th Circuit
• Claims
• Bankruptcy Litigation
• Executory Contracts/Leases
• Real Estate
• 502

Civic Partners Sioux City, LLC v. Main Street Theaters, Inc. (In re Civic Partners Sioux City, LLC)

• Summarized by Michael Cooley , Reed Smith LLP
• 9 years 10 months ago

Citation:

No. 13-3636 (8th Cir. Mar. 3, 2015).

Ruling:

The Court of Appeals lacks jurisdiction over appeals from non-final orders of the Bankruptcy Appellate Panel. In particular, an order denying confirmation of a chapter 11 plan of reorganization is...

Judge(s):

Murphy, Smith, and Gruender.

Tag(s):

• 8th Circuit
• Executory Contracts/Leases
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• § 1129

Trang v. Taylor Bean & Whitaker Mortgage Corp.

• Summarized by John Jones , J. R. Jones Law PLLC
• 10 years 3 days ago

Citation:

Case No. 14-50281 (5th Cir. Jan. 7, 2015)

Ruling:

AFFIRMED district court refusal to remand case because non-diverse defendant was improperly joined as there was no reasonable basis for the district court to predict that the plaintiff might be...

Judge(s):

Circuit Judges King, Jolly and Haynes.

Tag(s):

• 5th Circuit
• Executory Contracts/Leases
• Practice and Procedure

Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 10 years 3 months ago

Citation:

Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC., 5th Cir. Court of Appeals, No. 13-10969, September 16, 2014

Ruling:

The 5th Circuit Court of Appeals affirmed the 5th Circuit District Court’s dismissal of Drillers’ constructive trust and equitable lien claims. The 5th Circuit Court of Appeals reversed and...

Judge(s):

STEWART, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges Opinion Authored by JENNIFER WALKER ELROD, Circuit Judge:

Tag(s):

• 5th Circuit
• Claims
• Bankruptcy Litigation
• Executory Contracts/Leases
• Labor/Employment
• Practice and Procedure
• Real Estate

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