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.
AFFIRMING the bankruptcy court's ruling for an order dismissing the Appellant's (the Liquidation Trustee) adversary complaint for failure to state a claim for relief pursuant to Federal Rule of...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 7 months ago
Citation:
In re Terry, --- F.3d ----, 2012 WL 3139364 (8th Cir. Aug. 3, 2012)
Ruling:
The 8th Circuit Court of Appeals REVERSED the 8th Circuit BAP and the Bankruptcy Court for the Western District of Missouri and REMANDED the case to the Bankruptcy Court for further proceedings...
In re Kapetanakis, Case No. 11-20306 (5th Cir. June 12, 2012) (per curiam) (unpublished)
Ruling:
The Fifth Circuit AFFIRMED the District Court's order, which affirmed Bankruptcy Court's order, and reiterated that "a settlement agreement of a non-dischargeable obligation does not convert the...
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
13 years 9 months ago
Citation:
D.C. Docket No. 1:10-cr-00171-CG-N-1; 11-10993
Ruling:
The 11th Circuit Court of Appeals VACATED the conviction of one count of making false entries in a bankruptcy filing in violation of 18 U.S.C. 1519. The Court of Appeals held that because the...
In re Federal-Mogul Global Inc., Case No. 09-2230, 2012 WL 1511773 (3d Cir. May 1, 2012)
Ruling:
The Court of Appeals for the Third Circuit held that the Debtor Federal-Mogul could transfer its insurance rights to recovery under liability policies to a post-confirmation section 524(g) trust,...
Judge(s):
Anthony J. Scirica, D. Brooks Smith and Kent A. Jordan
The Fifth Circuit declined to extend Stern v. Marshall's limitation on bankruptcy court jurisdiction to magistrate judges and held magistrate judge had authority under Federal Magistrates Act to...
The Ninth Circuit Court of Appeals affirmed the District Court which had affirmed the Bankruptcy Court. The Bankruptcy Court had the discretion to decline to enforce the otherwise applicable...
Judge(s):
Gould and Schroeder, Circuit Judges and Seeborg, District Judge, Northern District of California, sitting by designation
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.
Rosciti v. Ins. Co. of the State of Pa., No. 10-2087 (1st Cir. Oct. 7, 2011).
Ruling:
The United States Court of Appeals for the First Circuit found that the limiting provision in the excess insurance policy would violate the public policy of Rhode Island and reversed and remanded...
