Federal courts can award attorney’s fees for state-court proceedings that the law requires to advance federal claims. Caselaw has established a “separate-but-related proceeding” exception to...
The pre-petition work claims were not for "back pay attributable to any period of time occurring after commencement of the case" and thus did not qualify for administrative-expense priority under...
In a case so complex to require a timeline, the U.S. Court of Appeals for the First Circuit (Circuit) dismissed those aspects deemed moot without any merit review but affirmed the grant of summary...
Judge(s):
Gustavo Gelpí; Kermit V. Lipez; and O. Regeriee Thompson
Claims challenging the PROMESA Board’s decisions to not certify Puerto Rico’s fiscal plan and to instead certify a fiscal plan of its own development were properly dismissed for lack of subject...
The doctrine of equitable mootness applies to confirmed plans in chapter 9 (as well as chapter 11 and 13) bankruptcy cases. To the extent that constitutional rights may be affected in chapter 9...
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1550-DJuF (December 11, 2015) Published
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") dismissed, as equitably moot, Franklin High Yield Tax-Free Income Fund and Franklin California High Yield Municipal Fund (collectively,...
Summarized by David Baker , Law Office of David G. Baker
10 years 8 months ago
Citation:
First Circuit #15-1218, 1221, 1271 & 1272
Ruling:
Affirms District Court's holding that §903 of the Bankruptcy Code pre-empts Puerto Rico's recently enacted "Recovery Act", relating to municipal bankruptcy. One judge concurred, but would find...
Judge(s):
Lynch (author), Howard, and Toruella (concurring in the judgment but would hold that exclusion of Puerto Rico is unconstitutional).
Kitron, et al. v. Valley Health System (In re Valley Health System), BAP No. CC-11-1100-DPaTa (BAP 9th Cir. Feb. 24, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court dismissing under Rule 12 suit commenced by creditors against chapter 9 debtor and other parties. BAP agreed that appellants'...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
12 years 2 months ago
Citation:
Case No. 13-1476 (6th Cir. 2014)
Ruling:
In a non-bankruptcy case, the Circuit Court affirmed the entry of a temporary injunction that prohibits the Flint Emergency Manager from making changes to the health care benefits of Flint city...
