In a lengthy opinion, the BAP: (1) held that (a) confirmed Chapter 13 plans could not cannot properly provide the debtors with the right to unilaterally modify the plan without notice and court...
(1)Bankruptcy court had post-confirmation jurisdiction to adjudicate dispute over interpretation of contract assumed by debtor during bankruptcy-if Netflix had been permitted to stream films before...
Judge(s):
Reena Raggi and Raymond J. Lohler, Jr., Circuit Judges, and Joan M. Azrack, District Judge for E.D.N.Y. sitting by designation
Third Circuit affirmed the dismissal by the District Court of a malpractice lawsuit brought by plaintiffs against their former chapter 11 bankruptcy attorney, on grounds that the lawsuit was barred...
Oil producers failed to perfect their security interests in extracted oil under state law and/or the downstream purchasers of that oil acquired the oil free and clear of any security interests as...
Sixth Circuit affirmed bankruptcy court's decision and found that the bankruptcy court did not abuse its discretion in modifying its order under Rule 60(b) to clarify that health insurance policies...
Judge(s):
Suhrheinrich, Batchelder and Stranch, Circuit Judges
'Insured vs. Insured' exclusion in D&O insurance policy bars claims by a liquidating trustee against directors and officers of the company because such claims are brought by, on behalf of, or in...
The bankruptcy court made erroneous factual findings and committed a legal error with respect to the threshold issue of whether there was a valid, binding, and enforceable settlement agreement...
Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
8 years 10 months ago
Citation:
The opinion is not worth of being summarized. It is simply vacating the prior court decision in light of the Supreme Court's decision reversing the Third Cicuit. (3rd Circuit, May 08,2017) Not Published
Concluding that the mere interpretation of a confirmed plan by a bankruptcy constitute did not constitute either a modification of the confirmed chapter 11 plan or the application of the Bankruptcy...
The 2nd Cir Ct of App held that res judicata did not bar plaintiff claims of breach of fiduciary duty, tortious interference and fraud against defendant law firm in connection with plaintiff’s...
Judge(s):
Hall, Livingston, Circuit Judges, and Garaufis, District Judge, sitting by designation
