Home » Bankruptcy Process and Procedure » Plan Confirmation

LVNV Funding, LLC v. Harling, v. Simmons-Beasley

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 8 years 11 months ago
Citation:
No. 16-1346 and 16-1347 (consolidated for appeal) (4th Circuit, Mar 30,2017) Published
Case Status:
Affirmed
Ruling:
Held that the Debtors’ objections to LVNV’s proofs of claim as an unsecured creditor are not barred by the doctrine of res judicata. There was no adjudication of the claim of any individual...
Judge(s):
Before Circuit Judges Agee, Keenan and Thacker. Affirmed by published opinion authored by Judge Agee, in which Judge Keenan and Judge Thacker joined.
Tag(s):

Collins v. J&N Restaurant Assoc., Inc.

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 9 years 1 month ago
Citation:
16-1362 (2nd Circuit, Jan 19,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed district court affirming bankruptcy court dismissing fraudulent transfer action. Terms of defendants' own plans of reorganization precluded claim, even as administration claim.
Judge(s):
Chin, Raggi, Lohier
Tag(s):

Metropolitan Estates, Inc. v. Emmons-Sheepshead Bay Devel., LLC (In re Emmons-Sheepshead Bay Devel.

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 9 years 3 months ago
Citation:
15‐3844‐bk (2nd Circuit, Dec 06,2016) Not Published
Case Status:
Affirmed
Ruling:

Court affirmed orders a.) dismissing adversary proceeding under F.R.C.P. 12(b)(6) for not stating a claim to revoke confirmation, 11 U.S.C. 1144; and b) denying motion to vacate, alter or...

Judge(s):
JOHN M. WALKER, JR., ROBERT D. SACK, DENNY CHIN
Tag(s):

Egbune v. Kiel (In re Egbune)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 3 months ago
Citation:
CO-16-006 (10th Circuit, Nov 30,2016) Not Published
Case Status:
Affirmed
Ruling:

Any action taken post-confirmation to avoid or alter secured status provided by a confirmed plans is barred by the res judicata effect of § 1327(a). A court can reconsider an allowed or...

Judge(s):
NUGENT, SOMERS, HALL (HALL)
Tag(s):

Korean Claimants v. Debtor's Representatives (In re Settlement Facility Dow Corning Trust)

  • Summarized by Jason Stitt , Keating Muething & Klekamp PLL
  • 9 years 3 months ago
Citation:
15-2548 (6th Circuit, Nov 23,2016) Not Published
Case Status:
Affirmed
Ruling:

Affirmed entry of consent order by the District Court.  Found that District Court has jurisdiction to enter consent order related to clarification of "marshaled reoveries."  Found that...

Judge(s):
McKeague, Griffin, and Kethledge
Tag(s):

Galaz v. Katona (In the Matter of Galaz)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 9 years 4 months ago
Citation:
Case No. 15-50919 (5th Cir. Oct. 28, 2016)
Ruling:
AFFIRMED bankruptcy court's injunctive relief, concluding that post-confirmation jurisdiction existed, and that the prior settlement order barred the defendant (Galaz) from pursuing claims against...
Judge(s):
Clement, Weiner, Costa
Tag(s):

Picerne Construction Corp. v. Castellino Villas, A.K.F. LLC (in re Castellino Villas, A.K.F. LLC)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 6 months ago
Citation:
In re Castellino Villas, A.K.F. LLC, No. 12-57186 (9th Cir. Sep. 6, 2016). Published.
Ruling:
A chapter 11 debtor that continues after plan confirmation to defend a creditor’s prepetition lien-enforcement action has not “returned to the fray,” and the creditor’s postpetition...
Judge(s):
Michael J. Melloy, Senior Circuit Judge for the Eighth Circuit Court of Appeals, and Jay S. Bybee and Sandra S. Ikuta, Ninth Circuit Judges. Opinion by Judge Ikuta.
Tag(s):

Sanders v. Cohen (In re Sanders)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 8 months ago
Citation:
Sanders v. Cohen (In re Sanders), Case No. CC-15-1284-FKiKu (9th Cir. BAP Jul. 15, 2016) (unpublished)
Ruling:
Bankruptcy court afforded chapter 13 debtor adequate notice and an opportunity to be heard; thus, bankruptcy court's dismissal of debtor's case did not violate his due process rights and is affirmed.
Judge(s):
Faris, Kirscher, Kurtz
Tag(s):

Fla. Agency for Health Care Admin. v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC)

Citation:
Florida Agency for Health Care Administration, United States of America v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC), Case No. 15-13731 (11th Cir. July 11, 2016).
Ruling:
The Eleventh Circuit held that the bankruptcy court erred as a matter of law when it exercised subject matter jurisdiction over certain provider agreements. By virtue of Medicare’s...
Judge(s):
Hull, Carnes, and Clevenger, Circuit Judges
Tag(s):

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