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IN RE: EDWIN LICUP, ET AL V. JEFFERSON AV

Summarizing by Amir Shachmurove

John J. Petr, v. BMO Harris Bank N.A.

Summarizing by David Treacy

In re: RGN-GROUP HOLDINGS, LLC, et al.,

Summarizing by Stephen Falanga

IN RE: MARY E. BUSCONE, d/b/a FroYo To Go,

Citation:
22-9001 (1st Circuit, Feb 22,2023) Published
Case Status:
Affirmed
Ruling:
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
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 Draft Bars

Citation:
21-1054 (9th Circuit, Oct 14,2021) Not Published
Case Status:
Affirmed
Ruling:
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
Tag(s):

IN RE; REVEL AC INC.

Citation:
Case No. 17-3607 (UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT) (3rd Circuit, Nov 30,2018) Published
Case Status:
Affirmed
Ruling:
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
Tag(s):

Moti Partners, LLC v. Desert Palace, Inc. (In re Caesars Entertainment Operating Co., Inc.)

Citation:
BAP No. NV-17-1386-LBTa (9th Circuit, Aug 20,2018) Published
Case Status:
Dismissed
Ruling:
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...
Judge(s):
Lafferty, Brand, and Taylor
Tag(s):

In re: EMERALD CASINO, INC.

Citation:
16-075, 16-1132, 16-1133, 16-1143, 16-1148, 16-1160, 16-1161, 16-4464, 16-1165, 16-1235 (7th Circuit, Aug 11,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
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,...
Judge(s):
Kanne, Sykes, Hamilton
Tag(s):

Wilson v. Walker (In re Walker)

Citation:
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
Tag(s):

The Prudential Insurance Company of America v. SW Boston Hotel Venture, LLC (In re SW Boston Hotel Venture, LLC)

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...
Judge(s):
Haines, Deasy, and Tester
Tag(s):

The Prudential Insurance Company of America v. City of Boston (In re SW Boston Hotel Venture, LLC)

Citation:
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
Tag(s):

In re Tropicana Entertainment LLC

Citation:
In re Tropicana Entertainment LLC, et al, --- F.3d ---, 2012 WL 3776531, No. 10-3970 (3d Cir. Aug. 31, 2012)
Ruling:
The Third Circuit Court of Appeals held that an ad hoc noteholder committee’s (the “Noteholder Committee”) fees were not entitled to administrative priority pursuant to 11 U.SC. §...
Judge(s):
Ambro, Chagares and Aldisert
Tag(s):

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