Home » Professional Practice Areas » International Insolvency

Kismet Acquisition LLC v. Diaz-Barba (In re Icenhower)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 5 months ago
Citation:
Kismet Acquisition, LLC v. Icenhower (In re Icenhower), No. 10-55933 (9th Cir. July 3, 2014).
Ruling:
The bankruptcy court properly avoided the debtors’ prepetition and postpetition transfers of an interest in Mexican real property.
Judge(s):
Jerome Ferris (author), N. Randy Smith, and Paul J. Watford, Circuit Judges
Tag(s):

Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet)

  • Summarized by Robert Yan , Otterbourg P.C.
  • 9 years 11 months ago
Citation:
Docket No. 13-612 (2d Cir. Dec. 11, 2013)
Ruling:
VACATING bankruptcy court’s order and REMANDING for further proceedings, the Court of Appeals for the Second Circuit held that 11 U.S.C. § 109(a) applies to the debtor in a foreign main...
Judge(s):
Jacobs, Straub (Circuit Judges), and Kuntz (District Judge sitting by designation)
Tag(s):

In re Nortel Networks Inc., et al.

  • Summarized by Cassandra Porter , Cognizant Technology Solutions
  • 9 years 12 months ago
Citation:
Joint Administrators for Nortel Networs, No. 13-2739
Ruling:
The U.S. Court of Appeals for the Third Circuit in Philadelphia upheld bankruptcy court ruling that there was never an agreement to use arbitration to divide estate assets.
Judge(s):
FUENTES, GREENBERG, and BARRY
Tag(s):

Jaffe v. Samsung Electronics Company, Limited

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 10 years 1 day ago
Citation:
Jaffe v. Samsung Electronics Co., Ltd., et al., Case No. 12-1802 (4th Cir. Dec. 3, 2013)
Ruling:
The bankruptcy court properly recognized that in considerting a request for discretionary relief under section 1521(a), the court must also apply the balancing test set forth in section 1522(a). ...
Judge(s):
Niemeyer, Wynn, and Floyd, Circuit Judges
Tag(s):

RSM Richter, Inc. v. Behr America, Inc.

  • Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
  • 10 years 3 months ago
Citation:
RSM Richter, Inc., as Trustee for Aleris Aluminum Canada, L.P. v. Behr America, Inc., Case No. 12-2429 (6th Cir. September 5, 2013)
Ruling:
In an opinion recommended for publication, the Sixth Circuit reversed the district court’s order denying the debtor’s motion to reopen the debtor’s district court case against a customer, and...
Judge(s):
Keith, Clay, and Kethledge, Circuit Judges
Tag(s):

Morris Aviation, LLC v. Diamond Aircraft Industries, Inc.

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 10 years 3 months ago
Citation:
Sixth Circuit Case No. 12-6021
Ruling:
Airplane manufacturer's opinion of the "quality and reliability" of components was not a fraudulent or negligent misrepresentation where the component manufacturer filed bankruptcy and voided...
Judge(s):
Batchelder, Guy, and Boggs
Tag(s):

A.B.C. Learning Centres Ltd. v. RCS Capital Development, LLC (In re RCS Capital Development, LLC; American Childcare Properties, LLC)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 10 years 4 months ago
Citation:
(In re: RCS Capital Development) 9th Cir. B.A.P. No. AZ-12-1626-JuTaAh (July 16, 2013) NOT FOR PUBLICATION
Ruling:
Affirmed--In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel upheld the ruling by the bankruptcy court to confirm the Chapter 11 plan of RCS Capital Development. A.B.C. Learning...
Judge(s):
Bankruptcy Judges: Alan Ahart, Meredith Jury, Laura Taylor
Tag(s):

A.B.C. Learning Centres Ltd. v. RCS Capital Development, LLC (In re RCS Capital Development, LLC)

  • Summarized by Sevan Gorginian , ArentFox Schiff LLP
  • 10 years 4 months ago
Citation:
A.B.C. Learning Centres Ltd.; ABC Developmental Learning Centers (USA), Inc., v. RCS Capital Development, LLC; American Childcare Properties, LLC; ACCP I, LLC., (In re: RCS Capital Development , LLC; American Childcare Properties, LLC; ACCP I, LLC) BAP No. AZ-12-1381-JuTaAh (2013)
Ruling:
B.A.P. AFFIRMS the bankruptcy court's ruling granting RCS's Motion for Summary Judgment which allows the setoff and denies ABC's cross MSJ. Additionally, the Court REVERSES and REMANDS the...
Judge(s):
Jury, Taylor, and Ahart, Bankruptcy Judges
Tag(s):

Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.)

  • Summarized by Cassandra Porter , Cognizant Technology Solutions
  • 10 years 7 months ago
Citation:
11-4376
Ruling:
Second circuit upheld decisions of bankruptcy court and district court recognizing that Fairfield Sentry Limited ("Sentry") had its center of main intest ("COMI") in the British Virgin Islands...
Judge(s):
Jacobs, Chief Judge; Winter, Circuit Judge; Swain District Judge
Tag(s):

Ad Hoc Group of Vitro Noteholders v. Vitro SAB de CV (In re Vitro SAB de CV)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 11 years 5 days ago
Citation:
Case No. 12-10542 (5th Cir. November 28, 2012)
Ruling:
AFFIRMED, in consolidated appeals arising from a Chapter 15 proceeding, district court's judgment recognizing the Mexican reorganization proceeding and appointment of foreign representatives and...
Judge(s):
King, Smith, and Barksdale, Circuit Judges
Tag(s):

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