Diamond Enterprises, LTD., LP, v. Michael Younessi (In re Michael Younessi)

Citation:
No. CC-18-1337-FLKu, 2019 WL 3003903 (9th Circuit, Jul 10,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Modification order reset the 180-day deadline for creditor to file its adversary proceeding seeking revocation of debtor's chapter 11 plan confirmation under section 1144.
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

UMB Bank, National Association v. Berry Petroleum (In re Linn Energy)

Citation:
18=40443 (5th Circuit, Jun 14,2019) Published
Case Status:
Affirmed
Ruling:
Secured creditor group was not entitled, under the confirmed Plan of Reorganization (which it had accepted), to post-petition default interest (even though the group was fully secured and its debt...
Judge(s):
Stewart, Southwick and Engelhardt
Tag(s):

Harold Rosbottom, Jr. v. Gerald Schiff, et al

Citation:
18-30888 (5th Circuit, May 20,2019) Not Published
Case Status:
Affirmed
Ruling:
Affirmed entry of final decree in individual chapter 11 case, over the objection of an incarcerated pro se debtor. Debtor appealed, claiming his due process rights had been violated because he was...
Judge(s):
Per Curiam (Haynes, Graves and Ho)
Tag(s):

Roberts v. Livdahl (In re Livdahl)

Citation:
BAP No. AZ-18-1223-TaLB (9th Circuit, Apr 15,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Az.) overruling objection to chapter 11 plan confirmation by secured creditor. Bankruptcy court properly ruled plan was filed in good...
Judge(s):
Taylor, Lafferty, and Brand
Tag(s):

Booker v. Johns (In re Booker)

Citation:
18-30526 (5th Circuit, Feb 11,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court clearly erred by finding that a Chapter 13 plan was not offered "in good faith" because it allowed elderly debtors to retain a 20-year-old fishing boat that served as part of the...
Judge(s):
Jolly, Jones, Dennis
Tag(s):

Ultra Petroleum Corp., et al v. Ad Hoc Committee of Unsecured Creditors of Ultra Resources Inc. (In re Ultra Petroleum Corp.)

Citation:
No. 17-20793 (5th Circuit, Jan 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Code impairment is not the same thing as plan impairment. Because the bankruptcy court found otherwise, it did not address whether the Code disallows the Make-Whole Amount or post-petition...
Judge(s):
DAVIS, ENGELHARDT, and OLDHAM, Circuit Judges
Tag(s):

IN RE: MARITIME COMMUNICATIONS/LAND MOBILE L.L.C.

Citation:
17-60742 (5th Circuit, Dec 20,2018) Not Published
Case Status:
Affirmed
Ruling:
Affirmed the dismissal of claimant's appeal of a confirmed chapter 11 plan because appellant failed to demonstrate "person aggrieved" bankruptcy standing. Claimant filed a proof of claim in the...
Judge(s):
Per Curiam (Smith, Wiener, Willett)
Tag(s):

IN RE; RAEL

Citation:
No. 18-8026 (10th Circuit, Dec 07,2018) Published
Case Status:
Affirmed
Ruling:
Tenth Circuit affirmed ruling of U.S. District Court (D. Wyo.), which affirmed rulings and reversed rulings of bankruptcy court. Notwithstanding post-confirmation closing of chapter 11 case,...
Judge(s):
Lucero, Kelly, Phillips
Tag(s):

Zardinovsky v. Arctic Glacier Income Fund

Citation:
17-2522 (3rd Circuit, Aug 20,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's order dismissing adversary proceeding as barred by plan releases is affirmed. A confirmed plan is res judicata as to all issues decided or which could have been decided at...
Judge(s):
Smith, Hardiman and Bibas (author)
Tag(s):

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