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In re: TIMOTHY RUSSELL HOFFMAN

Citation:
20-12823 (11th Circuit, Jan 24,2022) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Eleventh Circuit (Circuit) held that Roth Individual Retirement Accounts (Roth IRAs), like customary Individual Retirement Accounts (IRAs) and 401(k) accounts, are...
Judge(s):
Charles R. Wilson; Barbara Lagoa; and Edward E. Carnes
Tag(s):

In re: BankAmerica Corporation

Citation:
19-3672 (8th Circuit, Oct 08,2021) Published
Case Status:
Affirmed
Ruling:
More than two decades after the shareholders of NationsBank and BankAmerica first filed securities law class actions after these two merged to form Bank of America Corp. (1999) and nearly two...
Judge(s):
James B. Loken; Jane L. Kelly; and Ralph P. Erickson
Tag(s):

In re ANDREW LINTON

Citation:
20-1175 (9th Circuit, Oct 06,2021) Published
Case Status:
Affirmed
Ruling:
Confronting a byzantine fact pattern in but the latest aspect of a “multi-forum Whack-a-Mole tournament," the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed a bankruptcy...
Judge(s):
Christopher M. Klein; Laura S. Taylor; and Julia W. Brand
Tag(s):

IN RE: W.R. GRACE & CO, et al.,

Citation:
20-2171 (3rd Circuit, Sep 15,2021) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court (BC), the Third Circuit (Panel) resolved, had misapplied the framework limned in a prior circuit opinion for analyzing the nature of the provided services of some insurers to...
Judge(s):
Julio M. Fuentes; Peter J. Phipps; and Cheryl A. Krause
Tag(s):

Ultra Petroleum Corporation, et al v. Ad Hoc Commi

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 1 month ago
Citation:
No. 17-20793 (5th Circuit, Nov 26,2019) Published
Case Status:
Reversed and Remanded
Ruling:
On direct appeal, 5th Cir. reversed and remanded bankruptcy court (SD Tx.) ruling that class of noteholders were impaired by solvent debtor's chapter 11 plan that provided creditors with full...
Judge(s):
Davis, Engelhardt, Oldham
Tag(s):

Lehman XS Trust v. Greenpoint Mortage Funding, Inc.

Citation:
No. 17-1290, 2019 WL 452888 (2nd Circuit, Feb 06,2019) Published
Case Status:
Affirmed
Ruling:
District court properly dismissed U.S. Bank's claims as untimely. The claims were for breach of contract, indemnification, and breach of indemnification agreements.
Judge(s):
Wesley, Chin, Carney
Tag(s):

Khoja v. Orexigen Therapeutics, Inc.

  • Summarized by Camila Bersani , U.S. Bankruptcy Court
  • 6 years 4 months ago
Citation:
No. 16-56069 (9th Circuit, Aug 13,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Ninth Circuit affirmed in part and reversed in part order of district court granting motion to dismiss for failure to state a claim under the Securities Exchange Act of 1934. District court erred...
Judge(s):
Tashima, Berzon, and Payne
Tag(s):

Marblegate Asset Management, LLC v. Education Management Finance Corp.

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 7 years 11 months ago
Citation:
2017 U.S. App. LEXIS 782 (2nd Circuit, Jan 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Section 316(b) of the Trust Indenture Act prohibits only non‐consensual amendments to an indenture’s core payment terms; it does not protect a creditor's practical ability to collect on...
Judge(s):
CABRANES, STRAUB, and LOHIER
Tag(s):

Loreley Financing (Jersey) No. 3 Ltd., et al. v. Wells Fargo Securities, LLC, et al.

  • Summarized by Ferve Ozturk , BakerHostetler
  • 9 years 5 months ago
Citation:
Loreley Financing (Jersey) No. 3 v. Wells Fargo Securities, LLC, No. 13-CV-1476 Slip Op. (2d Cir. July 24, 2015)
Ruling:
The Circuit Court held that the district court erred in aspects of its dismissal under Rule 12(b)(6). The court found that (1) Plaintiffs' identification of the group defendants suffices to meet...
Judge(s):
Leval, Calabresi, Lynch
Tag(s):

ASARCO, L.L.C. v. Barclays Capital, Inc. (In re ASARCO, L.L.C.)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 12 years 3 weeks ago
Citation:
Case No. 11-41010 (5th Cir. December 11, 2012)
Ruling:
REVERSED and REMANDED award of Section 328(a) fee enhancement to Debtor Asarco's financial advisor for further proceedings because clear error was not the appropriate standard for reviewing a...
Judge(s):
Wiener, Elrod and Southwick, Circuit Judges
Tag(s):

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