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In re Bestwall

Citation:
21-2263 (3rd Circuit, Aug 24,2022) Published
Case Status:
Reversed and Remanded
Ruling:
Agreeing with Bestwall LLC (DR), a chapter 11 debtor in the U.S. Bankruptcy Court for the Western District of North Carolina (BC), that it had rightly invoked collateral estoppel, the U.S. Court of...
Judge(s):
Kent A. Jordan; Cheryl A. Krause; and David J. Porter
Tag(s):

In re: ORLAND LTD.; VANDEVCO LIMITED

Citation:
21-1176 & 21-1200 (9th Circuit, Mar 25,2022) Not Published
Case Status:
Affirmed
Ruling:
Seeing no error and thus no abuse of discretion, the Bankruptcy Appellate Panel of the Ninth Circuit affirmed orders, issued by the U.S. Bankruptcy Court for the Western District of Washington...
Judge(s):
Julia W. Brand; Gary A. Spraker; and Scott H. Gan
Tag(s):

In re: George J. McPherson

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 2 years 9 months ago
Citation:
21-8011/8012 (Consolidated) (6th Circuit, Mar 21,2022) Published
Case Status:
Reversed
Ruling:
Sixth Circuit BAP reversed Bankruptcy Court's holding that the penalty imposed on a taxpayer under the Affordable Care Act (26 U.S.C. Sec. 5000A) ("ACA") was not a tax on or measured by income but...
Judge(s):
Croom, Dales (dissenting) and Stout (opinion author)
Tag(s):

Kreit v. Quinn

Citation:
21-20067 (5th Circuit, Feb 11,2022) Published
Case Status:
Affirmed
Ruling:
The U.S Court of Appeals for the Fifth Circuit: (1) affirmed financial sanctions ordered by the bankruptcy court and ratified by the district court on doctors who asserted causes of action placed...
Judge(s):
Jerry E. Smith; Patrick E. Higginbotham; and James C. Ho
Tag(s):

In re Orexigen Therapeutics, Inc.

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 3 years 9 months ago
Citation:
20-1136 (3rd Circuit, Mar 19,2021) Published
Case Status:
Affirmed
Ruling:
"Mutuality," as that term is used in 553 of the Bankruptcy Code, is a distinct statutory requirement that cannot be expanded by contractual or state law concepts of setoff. "Mutuality" means only...
Judge(s):
Jordan, Krause, and Restrepo
Tag(s):

In re Gardens Regional Hospital and Medical Center, Inc.

  • Summarized by Lars Fuller , BakerHostetler
  • 4 years 3 months ago
Citation:
No. 18-60016 (9th Circuit, Sep 16,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. affirmed in part and reversed in part BAP decision affirming bankruptcy court's denial of Chapter 11 debtor's motion asserting that State of California and Dept. of Health Care Services...
Judge(s):
Wardlaw, Collins, Bataillon
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: PROVIDER MEDS, L.L.C.

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 6 years 2 months ago
Citation:
17-11113 (5th Circuit, Oct 29,2018) Published
Case Status:
Affirmed
Ruling:
Court concluded that the non-exclusive patent licenses were "executory contracts" that were deemed rejected by operation of law 60 days after conversion of the cases from chapter 11 to chapter 7. ...
Judge(s):
Higginbotham, Smith and Graves
Tag(s):

Scharrer v. Schron (In re Fundamental Long Term Care, Inc.)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 7 years 2 months ago
Citation:
16-16462 (11th Circuit, Oct 19,2017) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court had authority under the All Writs Act and Anti-Injunction Act to enjoin plaintiffs from reviving suits in state court based on the same "nucleus of facts" as the dismissed claim. ...
Judge(s):
Jordan and Carnes (Circuit Judges) and Vinson (District Judge)
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):

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