International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. General Motors

• Summarized by J. Debbeler , Bricker Graydon LLP
• 9 years 7 months ago

Citation:

15a0361n.06

Ruling:

Ruling against the United Auto Workers (UAW) and in favor of GM, the Sixth Circuit held the 2009 Retiree Settlement Agreement (2009 RSA) extinguished an obligation for New GM to pay $450 million...

Judge(s):

Boggs, Sutton and Stranch, Circuit Judges.

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Practice Areas
• Business Reorganization
• Claims
• Bankruptcy Litigation
• Health Care
• Labor/Employment

In re 2920 ER, L.L.C.

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

Citation:

In re 2920 ER, L.L.C., No. 14-20734 (5th Cir. April 2, 2015)

Ruling:

The 5th Circuit denied petition for mandamus relief, but vacated the district court's order (S.D. Tx.) prohibiting judgment debtor from transferring funds, and compelling postjudgment discovery,...

Judge(s):

Prado, Owen, Higginson

Tag(s):

• 5th Circuit
• Commercial Fraud
• Health Care
• Insurance
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Rule 7064
• Rule 7065

Official Committee of Unsecured Creditors v. Baldwin

• Summarized by George Utlik , Capital One
• 9 years 11 months ago

Citation:

Official Committee of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), Case No. 13-2707, 2015 WL 305505 (3d Cir. Jan. 26, 2015) (precedential)

Ruling:

Affirming the jury's liability verdict and findings that defendants breached their fiduciary duties by failing to exercise reasonable diligence and prudence in their oversight and management of the...

Judge(s):

Vanaskie, Circuit Judge

Tag(s):

• 3rd Circuit
• Bankruptcy Litigation
• Creditors' Committee
• Health Care

Mais v. Gulf Coast Collection Bureau, Inc.

• Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
• 10 years 3 months ago

Citation:

--- F.3d ----, 2014 WL 4802457, No. 13-14008 (11th Cir. Sept. 29, 2014)

Ruling:

Reversed and remanded for entry of summary judgment in favor of debt collector defendant based on prior express consent defense. Calls by medical debt collector to cellular phone where cellular...

Judge(s):

HULL, MARCUS and HILL, Circuit Judges

Tag(s):

• 11th Circuit
• Consumer Debt
• Health Care

Pillar Capital Holdings, LLC v. Williams (In re Living Hope Southwest Medical Services, LLC)

• Summarized by Omid Moezzi ,
• 11 years 8 months ago

Citation:

Case No. 12-2044 (8th. Cir. Court of Appeals - Western District of Arkansas) (April 26, 2013 - Unpublished)

Ruling:

AFFIRMING the judgment of the bankruptcy court and district court that post-petition payments to creditor-insider was a transfer avoidable by the chapter 7 trustee.

Judge(s):

Smith, Beam and Gruender.

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Professional Practice Areas
• Business Reorganization
• Health Care
• Practice and Procedure
• § 364
• § 549

Deckard v. Interstate Bakeries Corp. (In re Interstate Bakeries Corp.)

• Summarized by Lars Fuller , BakerHostetler
• 11 years 11 months ago

Citation:

Deckard v. Interstate Bakeries Corporation (In re Interstate Bakeries Corporation), No. 11-1595, slip. op. (8th Cir. Jan. 25, 2013)

Ruling:

Eighth Circuit affirmed grant of summary judgment by bankruptcy court in favor of defendant/debtor on creditor's claim for civil penalties for debtor's failure to give notices required under the...

Judge(s):

Eighth Circuit Judges Bye, Gruender, and Shepherd.

Tag(s):

• 8th Circuit
• Administrative Expense Claims
• Business Reorganization
• Claims
• Bankruptcy Litigation
• Health Care
• Insurance

Motor Vehicle Casualty Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.)

• Summarized by Elie Herman ,
• 12 years 11 months ago

Citation:

9th Circuit Court of Appeals, No. 10-56543

Ruling:

Affirms the District Court's ruling that the Plan preempts Appellants state law claim for enforcement of contract rights. Reverses the District Court's ruling that Appellants lacked standing to...

Judge(s):

Mary M. Schroeder and Ronald M. Gould, Circuit Judges, and Richard Seeborg, District Judge (N.D. Cal.). Opinion by Judge Gould.

Tag(s):

• 9th Circuit
• Business Reorganization
• Creditors' Committee
• Health Care
• Insurance
• Mass Torts
• Plan Confirmation
• § 541
• § 524
• § 1128
• § 1109

Official Committee of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged)

• Summarized by Adam Dembrow , Children's Rights
• 13 years 3 months ago

Citation:

Case No. 10-4456 (3d Cir. Sept. 21, 2011) (Precedential)

Ruling:

The Third Circuit reversed the decision of the United States District Court for the Western District of Pennsylvania granting summary judgment to the defendants, officers and directors of debtor...

Judge(s):

Sloviter, Fuentes, and Vanaskie

Tag(s):

• 3rd Circuit
• Business Reorganization
• Bankruptcy Litigation
• Corporate Governance
• Creditors' Committee
• Health Care
• Fraud

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