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TOWN SPORTS INTERNATIONAL, LLC V RAMON MORENO-CUEVAS

Citation:
24-1020 (3rd Circuit, Aug 21,2024) Not Published
Case Status:
Affirmed
Ruling:
In a per curiam opinion, the U.S. Court of Appeals for the Third Circuit (Circuit) found no error in the decision of the U.S. Bankruptcy Court for the District of Delaware (BC) denying relief from...
Judge(s):
Cheryl Ann Krause; Paul Matey; and Cindy K. Chung
Tag(s):

SHEILA ANN TRANTHAM, Debtor — Appellant, v. STEVEN G. TATE, Trustee — Appellee

  • Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
  • 1 year 7 months ago
Citation:
No. 22-2263 (4th Circuit, Aug 13,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Fourth Circuit held that local Chapter 13 form plans cannot "abridge, modify, or enlarge" a debtor's substantive rights under the Bankruptcy Code. In particular, they cannot require property...
Judge(s):
Chief Judge Albert Diaz; Circuit Judge James Harvie Wilkinson III; and Senior Circuit Judge Diana Gribbon Motz
Tag(s):

MONTE MASINGALE, ET AL V. JOHN D.

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 1 year 7 months ago
Citation:
22-60050, 22-60053 (9th Circuit, Jul 26,2024) Published
Case Status:
Reversed and Remanded
Ruling:
A panel for the Ninth Circuit Court of Appeals reversed the decision of the Bankruptcy Appellate Panel holding that the debtor was allowed to exempt "100% of FMV" of a property as a homestead...
Judge(s):
Gould, Bress, and Koh
Tag(s):

In re: RONALD WILLIAM KIPPS

Citation:
23-2307 & 23-2308 (3rd Circuit, May 07,2024) Not Published
Case Status:
Affirmed
Ruling:
As had the U.S. District Court for the Middle District of Pennsylvania (DC), the U.S. Court of Appeals for the Third Circuit (Circuit) affirmed orders issued by the U.S. Bankruptcy Court for the...
Judge(s):
David J. Porter; Tamika Montgomery-Reeves; and Jane Richards Roth
Tag(s):

CLO HoldCo, Ltd. v. Kirschner (In re Highland Cap. Mgmt. LP)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 9 months ago
Citation:
No. 23-10660 (5th Circuit, May 21,2024) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court did not abuse its discretion in refusing to allow a creditor-appellant's proposed second amended claim filed 11 months after...
Judge(s):
Smith, Haynes, and Douglas
Tag(s):

IN RE: TIFFANY D. SMITH

Citation:
22-3418 (3rd Circuit, May 22,2024) Published
Case Status:
Affirmed
Ruling:
Res judicata applies to a chapter 13 plan that is later properly modified so that creditors cannot appeal previously determined matters that were not altered by the modified plan. Thus, res...
Judge(s):
JORDAN, BIBAS, and PORTER
Tag(s):

Patricia Lee v. U.S. Bank National Association

Citation:
21-13887 (11th Circuit, May 23,2024) Published
Case Status:
Affirmed
Ruling:
In a split opinion (Chief Judge Pryor, dissenting) -- in which both the majority and the dissent focused on the meaning of the word "is" -- the Eleventh Circuit held that 11 U.S.C. § 1125(a)(3)...
Judge(s):
WILLIAM PRYOR, Chief Judge, and LUCK and ED CARNES, Cir-cuit Judges
Tag(s):

Marilyn Marshall v. Edward Johnson

Citation:
22-04449 (7th Circuit, May 03,2024) Published
Case Status:
Affirmed
Ruling:
Joining the U.S. Courts of Appeals for the Ninth and Tenth Circuits, whose decisions the U.S. Bankruptcy Court for the Northern District of Illinois (BC) had followed, the U.S. Court of Appeals for...
Judge(s):
Thomas Kirsch; Frank Easterbrook; and Diane S. Sykes
Tag(s):

In re MALLINCKRODT PLC,

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 1 year 10 months ago
Citation:
23-1111 (3rd Circuit, Apr 25,2024) Published
Case Status:
Affirmed
Ruling:
The Third Circuit upheld the lower courts' rulings that creditor's claim for royalties was discharged in Mallinckrodt's bankruptcy.
Judge(s):
BIBAS, PORTER, and FREEMAN
Tag(s):

In re: SC SJ HOLDINGS, LLC; FMT SJ, LLC

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 1 year 11 months ago
Citation:
23-1731 (3rd Circuit, Mar 28,2024) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the District Court and Bankruptcy Court holdings that the chapter 11 debtors' motion to bring malpractice claims against their bankruptcy counsel was...
Judge(s):
SHWARTZ, RENDELL, and AMBRO
Tag(s):

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