BPX Prod. Co. v. Certain Underwriters at Lloyd’s London

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 months 5 days ago

Citation:

No. 23-20034 (5th Circuit, Oct 20,2025) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Court of Appeals for the Fifth Circuit, among other rulings, held a magistrate judge (a) erred in granting a motion to dismiss a duty to indemnify claim, explaining that a claimant's...

Judge(s):

Richman, Haynes, and Duncan

Tag(s):

• 5th Circuit
• Alternative Dispute Resolution
• Claims
• Insurance

In re: CONGOLEUM CORPORATION, et al.

• Summarized by Jonathan Batiste , Rensselaer Polytechnic Institute
• 6 months 6 days ago

Citation:

No. 23-1295 (3rd Circuit, Aug 22,2025) Published

Case Status:

Reversed

Ruling:

The circuit court affirmed the bankruptcy court’s decision to reopen Debtor’s bankruptcy case and to hold that Creditor could not recover against Appellant for environmental claims, reversing...

Judge(s):

Chagares, Matey, and Chung

Tag(s):

• 3rd Circuit
• Bankruptcy Litigation
• Venue/Jurisdiction
• Business Reorganization
• Insurance
• Mass Torts
• 11 U.S.C § 350(b)

TRUCK INSURANCE EXCHANGE V. KAISER GYPSUM COMPANY, INC

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
• 9 months 3 weeks ago

Citation:

21-1858 (4th Circuit, Apr 29,2025) Published

Case Status:

Affirmed

Ruling:

On remand, the Fourth Circuit affirmed the bankruptcy court’s and district court’s approval of the debtors’ chapter 11 reorganization plan. The Fourth Circuit found that the plan was...

Judge(s):

King, Agee, Quattlebaum

Tag(s):

• 4th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Insurance
• 11 U.S.C. § 1129(a)(3)

THOMAS M. FLUHARTY, MARTIN P. SHEEHAN V. PHILADELPHIA INDEMNITY COMPANY; DAVID A. LEVINE

• Summarized by Danielle Scott , U.S. Bankruptcy Court, Southern District of West Virginia
• 11 months 4 weeks ago

Citation:

23-1349 (4th Circuit, Feb 26,2025) Published

Case Status:

Affirmed

Ruling:

The Fourth Circuit affirmed the district court's dismissal of the adversary proceeding against the Insurer for lack of standing. The Fourth Circuit held that: (1) the Geostellar Trustee lacked...

Judge(s):

King, Benjamin, Berner

Tag(s):

• 4th Circuit
• Bankruptcy Process and Procedure
• Discharge/Dischargeability
• Insurance
• 11 U.S.C. § 541(a)

Daileader v. Certain Underwriters at Lloyds London Syndicate 1861

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 11 months ago

Citation:

23-690 (2nd Circuit, Mar 18,2024) Published

Case Status:

Affirmed

Ruling:

Affirming the U.S. District Court for the Southern District of New York (DC), the U.S. Court of Appeals for the Second Circuit (Circuit) found no abuse of discretion in the DC's denial of the...

Judge(s):

John M. Walker Jr.; William J. Nardini; and Denny Chin

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Practice and Procedure
• Professional Practice Areas
• Insurance
• 11 U.S.C. § 541(c)(1)

HUNTINGTON NATIONAL BANK v AIG SPECIALTY INSURANCE CO., et al.,

• Summarized by J. Debbeler , Bricker Graydon LLP
• 2 years 3 weeks ago

Citation:

23-3039; File Name: 24a0049n.06 (6th Circuit, Feb 01,2024) Not Published

Case Status:

Reversed

Ruling:

The claim of Huntington National Bank (HNB) against its insurer for the denial of insurance coverage for HNB's settlement of a fraudulent transfer proceeding brought by the bankruptcy trustee of a...

Judge(s):

Moore, Gibbons and Stranch

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Commercial Fraud
• Finance and Banking
• Insurance
• Lender Liability
• 11 U.S.C. Section 548

In re: Décor Holdings, Inc., et a

• Summarized by David Banker , Womble Bond Dickinson (US) LLP
• 2 years 3 months ago

Citation:

23-60-bk (2nd Circuit, Nov 22,2023) Published

Case Status:

Dismissed

Ruling:

United States Court of Appeals for the Second Circuit ruled that it did not have jurisdiction to rule on the Eastern District of New York Court's order vacating the Bankruptcy Court's entry of...

Judge(s):

WESLEY, CHIN, and BIANCO, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Preferences
• Venue/Jurisdiction
• Insurance
• International Insolvency
• Retail
• Unsecured Trade Creditors
• 9024

ESTATE OF SOAD WATTAR, et al

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 10 months ago

Citation:

17-1615, 18-2197 & 22-2826 (7th Circuit, Apr 21,2023) Not Published

Case Status:

Affirmed

Ruling:

Consolidating appeals arising out of the chapter 7 case of Richard Sharif (DR), the U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the bankruptcy court’s rulings: denying the...

Judge(s):

Frank H. Easterbrook; Diane P. Wood; and Thomas L. Kirsch II

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Ethics
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Family/Divorce Issues
• Professional Practice Areas
• Finance and Banking
• Insurance
• Real Estate
• Fed. R. Bankr. P. 9011
• 11 U.S.C § 542; 11 U.S.C § 701(a)(1)

Digital Media Solutions, LLC, et al. v. S. Univ. of Ohio, LLC, et al.

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 3 years 2 weeks ago

Citation:

No. 21-4014 (6th Circuit, Feb 07,2023) Published

Case Status:

Reversed

Ruling:

Tracing equity receivership principles back to the High Court of Chancery in England in the 18th century, the Sixth Circuit held a district court in a receivership case erred by approving a...

Judge(s):

Gibbons, Rogers, Murphy

Tag(s):

• 6th Circuit
• Practice and Procedure
• Insurance
• 11 U.S.C. § 105(a)

Highland Captl v. Highland Captl Mgmt

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 3 years 1 month ago

Citation:

22-10189 (5th Circuit, Jan 11,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Fifth Circuit (1) upheld a bankruptcy court's order permitting a Reorganized Debtor to create/fund an "Indemnity Sub-Trust," in lieu of acquiring D&O insurance as...

Judge(s):

King, Stewart, and Haynes

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Insurance
• Fed. R. Bankr. P. 8009(a)(1)(A)
• 11 U.S.C. § 1127(b) & (C)
• 11 U.S.C. § 1125
• 11 U.S.C. § 363(b)(1)

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