Borsos v. United Healthcare Workers-West (In re Borsos)

• Summarized by Emil Khatchatourian , Foley & Lardner LLP
• 12 years 8 months ago

Citation:

BAP No. EC-12-1163-MkDJu (B.A.P. 9th Cir. June 10, 2013) (NOT FOR PUBLICATION)

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's nondischargeability judgment and REMANDED the matter for further findings regarding whether the debtor committed...

Judge(s):

MARKELL, DUNN, and JURY

Tag(s):

• 9th Circuit
• Discharge/Dischargeability
• Labor/Employment
• Rule 7052
• § 523

Longaker v. Boston Scientific Corp.

• Summarized by Brendan Gage , Goulston & Storrs PC
• 12 years 10 months ago

Citation:

No. 12-2482 (8th Cir. Apr. 26, 2013)

Ruling:

To have standing to assert a breach of contract action where the debtor seeks monies that allegedly constitute earnings for postpetition services that are exempt from property of the estate under ...

Judge(s):

Wollman, Bye, and Benton, Circuit Judges.

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• Labor/Employment
• Rule 7012
• § 541

Raso v. Fahey (In re Fahey)

• Summarized by Bodie Colwell , Preti Flaherty LLP
• 13 years 3 months ago

Citation:

Raso v. Fahey (In re Fahey), No. 12-028 (B.A.P. 1st Cir. Nov. 20, 2012)

Ruling:

Concluding that the debtor acted in the a fiduciary capacity as an ERISA fiduciary, as well as a fiduciary of a technical trust under common law, the BAP reversed the order of the Bankruptcy Court...

Judge(s):

Lamoutte, Kornreich, and Cabán,

Tag(s):

• 1st Circuit
• Discharge/Dischargeability
• Labor/Employment
• § 523

McLemore v. Regions Bank

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 13 years 8 months ago

Citation:

File Name 12a0172p.06; Docket Nos. 10-5480/5491

Ruling:

Affirming the rulings of the District Court for the Middle District of Tennessee, the Sixth Circuit Court of Appeals held that a depository bank with custody (but not control) of ERISA accounts was...

Judge(s):

Merritt, Cook and Cox (District Judge); authored by Cook; dissent by Merritt

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Finance and Banking
• Labor/Employment

Love v. Tyson Foods, Inc.

• Summarized by John Jones , J. R. Jones Law PLLC
• 13 years 10 months ago

Citation:

Case No. 10-60106 (5th Cir. April 4, 2012)

Ruling:

The 5th Circuit, in a majority opinion over a strong dissent by Judge Haynes, affirmed summary judgment and dismissal granted by the district court in a separate proceeding based on the doctrine...

Judge(s):

King, Wiener and Haynes

Tag(s):

• 5th Circuit
• Claims
• Labor/Employment
• Plan Confirmation
• § 521

Central States, Southeast and Southwest Areas Pension Fund v. SCOFBP, LLC

• Summarized by Richard Tisdale , M&T Bank
• 14 years 2 months ago

Citation:

Case No. 10-3633 (7th Cir., Dec. 27, 2011)

Ruling:

In Central States, the Seventh Circuit affirmed the district court's ruling that held that two solvent business entities were under "common control" with an insolvent company and thus liable for...

Judge(s):

Easterbrook, Tinder, and Hamilton

Tag(s):

• 7th Circuit
• Bankruptcy Litigation
• Labor/Employment
• § 541

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