In the face of a partial dissent, the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed with the U.S. District Court for the Eastern District of Texas (DC) in reversing the judgment of...
Judge(s):
Priscilla Richman; Jennifer Walker Elrod; and Andrew Oldham
Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...
Judge(s):
O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch
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...
Affirming a grant of summary judgment by the U.S. Bankruptcy Court for the District of Nevada (BC), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) agreed with its conclusion as to...
Judge(s):
Scott H. Gan; Laura S. Taylor; and William J. Lafferty III
IDEA Boardwalk may reduce its rent obligations by certain amounts entitled to recoupment under the Lease, (1) because they “fall within the ambit of rights preserved under Code §...
Judge(s):
AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges
BAP for 9th Cir. dismissed appeal for lack of subject matter jurisdiction based on 28 USC 1447(d)'s prohibition against appellate review of remand orders. Bankruptcy court's (D. Nev.) reasoning...
Where officers and directors of a casino caused the casino’s gaming licensed to be revoked, they may be held jointly and severally liable for breach of the company’s shareholder agreement,...
Wilson v. Walker (In re Walker), 8th Cir. Bankruptcy Appellate Panel, No. 14-6032, April 7, 2015
Ruling:
The BAP for the 8th Circuit affirmed the bankruptcy court (W.D. Mo.-Springfield), which denied plaintiff's (1) requests for: (a) judgment of nondischargeability under 11 USC 523 against debtor; (b)...
Judge(s):
KRESSEL, SCHERMER and NAIL, Bankruptcy Judges. Judge SCHERMER, authored the opinion
Summarized by Michael Yurkewicz , Klehr Harrison Harvey Branzburg LLP
13 years 5 months ago
Citation:
In re SW Boston Hotel Venture, LLC, et al., BAP No. MB 11-087 (October 1, 2012 1st Cir. BAP)
Ruling:
The order confirming the substantially consummated plan of reorganization was vacated and the case remanded to the bankruptcy court to allow for the amendment of the plan to address Prudential’s...
Prudential Ins. Co. v. City of Boston (In re SW Boston Hotel Venture, LLC), BAP NOS. MB 11-079, MB 11-082, MB 11-085, MB 11-086; Bankr. Case No. 10-14535-JNF (B.A.P. 1st Cir. Oct. 1, 2012)
Ruling:
In a dispute between a developer-debtor and its primary secured lender, the BAP AFFIRMED the bankruptcy court's decision to calculate postpetition interest (506(b)) owing to the lender at the...
Judge(s):
Haines, Deasy, and Tester, United States Bankruptcy Appellate Panel Judges
