Martinez v. OGA Charters, L.L.C.

Citation:
17-40920 (5th Circuit, Aug 24,2018) Not Published
Case Status:
Affirmed
Ruling:
The proceeds of a liability insurance policy are estate property when claims against the policy exceed policy limits. In affirming the bankruptcy court's ruling, the Fifth Circuit explained...
Judge(s):
REAVLEY, GRAVES, and COSTA.
Tag(s):

Continental Casualty Co. v. Carr, et al.

Citation:
17-1208 (3rd Circuit, Aug 14,2018) Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the Bankruptcy Court in part and vacated and remanded in part. The plaintiffs' recovery under the Asbestos Lawsuits is barred because the CNA insurance...
Judge(s):
Ambro, Circuit Judge
Tag(s):

Dalton v. Warfield

Citation:
BAP No. AZ-17-1310-SBaF (9th Circuit, Jul 11,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Az.) granting chapter 7 trustee's motion to approve compromise over debtor's objection. Debtor's pending appeal of prepetition entry of...
Judge(s):
Spraker, Bason, Faris
Tag(s):

Indian Harbor Insurance Co. v. Zucker

Citation:
16-1695/1697/1698 (6th Circuit, Jun 20,2017) Published
Case Status:
Affirmed
Ruling:
'Insured vs. Insured' exclusion in D&O insurance policy bars claims by a liquidating trustee against directors and officers of the company because such claims are brought by, on behalf of, or in...
Judge(s):
Sutton, Daughtrey, and Donald (dissenting)
Tag(s):

Novoa v. Minjarez (In the Matter of Novoa)

Citation:
No. 16-50955 (5th Circuit, Jun 05,2017) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the bankruptcy court's denial of his motion to reopen his Chapter 7 bankruptcy so that he could file a Rule 60(b)(4) motion to vacate a previously uncontested lift stay...
Judge(s):
REAVLEY, HAYNES, and COSTA (per curiam)
Tag(s):

Park Restoration, LLV v. Erie Insurance Exchange (In re The Trustees of Conneaut Lake Park, Inc.)

Citation:
16-2516 (3rd Circuit, May 02,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The United States District Court for the Western District of Pennsylvania erred when it held that a "named insured," as used in 40 Pa. State. § 638, only includes that who own a structure and are...
Judge(s):
Fisher, Hardiman, and Greenaway, Jr.
Tag(s):

Kipp Flores Architects, L.L.C. v. Mid-Continent Casualty Co.

Citation:
16-20255 (5th Circuit, Mar 24,2017) Published
Case Status:
Affirmed
Ruling:
In a "no asset" chapter 7 case, a filed proof of claim is not res judicata in other litigation, despite the "deemed allowed" language in 11 USC 502(a). "The Bankruptcy Rules plainly contemplate...
Judge(s):
JONES, BARKSDALE, and COSTA
Tag(s):

Nutt v. Stafford Kees

Citation:
Nutt v. Stafford Kees et al., No. 14-3364 (8th Cir. Aug. 12, 2015)
Ruling:
The 8th Circuit reversed the district court (E.D. Ark. - Jonesboro), ruling that equitable successor liability did not render successor liable for delinquent contributions and breach of fiduciary...
Judge(s):
Gruender, Melloy, Benton
Tag(s):

Kansas Ins. Guaranty Assoc. v. FDIC

Citation:
2015 WL 4647980 (10th Cir. Aug. 6, 2015) (Case Nos. 14-3063, 14-3064)
Ruling:
The Tenth Circuit affirmed the district court's summary judgment ruling in favor of the plaintiff, BancInsure. Applying Kansas law, the Court held that the "insured v. insured" exclusion in the...
Judge(s):
Kelly, Holmes, and McHugh, Circuit Judges.
Tag(s):

In re 2920 ER, L.L.C.

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):

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