Home » Bankruptcy Process and Procedure » Executory Contracts/Leases

Agri Star Meat & Poultry, LLC v. Nevel Properties Corp.

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 10 years 4 months ago
Citation:
Agri Star Meat & Poultry, LLC v. Nevel Properties Corp., 8th Cir. Court of Appeals, No. 13-1161, August 28, 2014
Ruling:
The 8th Circuit Court of Appeals upheld the ruling by the 8th Circuit district court and the bankruptcy court which concluded that SHF did not have any rights to a well located on land owned by...
Judge(s):
RILEY, Chief Judge, MELLOY and BENTON, Circuit Judges.
Tag(s):

Diatom, LLC v. Committee of Creditors Holding (In re Gentile Family Indust)

Citation:
Ninth Circuit Bankruptcy Appellate Panel, No. CC-13-1563-KiTaD (August 19, 2014)
Ruling:
Determining the term of a lease at a hearing on a motion to assume the lease, as opposed to requiring a separate adversary proceeding, was harmless error because the parties fully briefed the issue...
Judge(s):
Kirscher, Taylor and Dunn
Tag(s):

Sunshine Heifers, LLC v. Citizens First Bank (In re Purdy)

  • Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
  • 10 years 5 months ago
Citation:
No. 13-6412 (6th Cir. Aug. 14, 2014)
Ruling:
Reversing the bankruptcy court, the Sixth Circuit Court of Appeals held that dairy cow leases were true lease agreements, as opposed to disguised security agreements and, thus, lessor's...
Judge(s):
Circuit Judges Moore and Cole, and District Judge Drain
Tag(s):

Lewis Brothers Bakeries Inc. v. Interstate Brands Corp.

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 10 years 7 months ago
Citation:
Lewis Brothers Bakeries Inc. v. Interstate Brands Corp., 8th Cir. Court of Appeals, No. 11-1850 [June 6, 2014]
Ruling:
In an En Banc decision, the 8th Circuit Court of Appeals reversed the judgment of the district court and bankruptcy court that held that the material and outstanding obligations of the licensing...
Judge(s):
RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.
Tag(s):

Phoenix, LLC v. The Alameda Liquidating Trust (In re Alameda Investments, LLC)

  • Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
  • 10 years 10 months ago
Citation:
Phoenix, LLC v. The Alameda Liquidating Trust (In re Alameda Investments, LLC), BAP No. CC-13-1333-PaTaKu (9th Cir. BAP Mar. 5, 2014) (unpublished)
Ruling:
The Ninth Circuit BAP affirmed the bankruptcy court's order determining that the Appellee liquidating trust succeeded to the entire interest in an LLC held by the chapter 11 debtor and that the...
Judge(s):
Pappas, Taylor, and Kurtz
Tag(s):

In the Matter of Rockford Products Corporation

  • Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
  • 11 years 3 weeks ago
Citation:
12-3133
Ruling:
The 7th Circuit Court of Appeals refused to interpret ambiguous language in a District Court Opinion as an injunction. On that basis, and since issuing an opinion would require weighing in on many...
Judge(s):
EASTERBROOK, KANNE, and ROVNER
Tag(s):

Jaffe v. Samsung Electronics Company, Limited

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 11 years 1 month ago
Citation:
Jaffe v. Samsung Electronics Co., Ltd., et al., Case No. 12-1802 (4th Cir. Dec. 3, 2013)
Ruling:
The bankruptcy court properly recognized that in considerting a request for discretionary relief under section 1521(a), the court must also apply the balancing test set forth in section 1522(a). ...
Judge(s):
Niemeyer, Wynn, and Floyd, Circuit Judges
Tag(s):

Sears v. U.S. Trustee (In re AFY)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 11 years 2 months ago
Citation:
11-2283
Ruling:
The Eighth Circuit affirmed the District Court holding that the appeals of the Debtor's principals and of an entity related to the Debtor must be dismissed. The Debtor's principals appealed from an...
Judge(s):
Riley, Loken, and Shepherd
Tag(s):

Patriot Coal Corporation v. Peabody Holding Company LLC (In re Patriot Coal Corporation)

  • Summarized by Amy Quackenboss , American Bankruptcy Institute
  • 11 years 4 months ago
Citation:
Patriot Coal Corp. v. Peabody Holding Co. (In re Patriot Coal Corp.), Case No. 13-6031 (B.A.P. 8th Cir, August 21, 2013)
Ruling:
In REVERSING the decision of the bankruptcy court, the Eighth Circuit Bankruptcy Appellate Panel held that Peabody Holding must continue to pay health-care benefits for certain retired miners and...
Judge(s):
FEDERMAN, Chief Judge, KRESSEL and SHODEEN, Bankruptcy Judges.
Tag(s):

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