In re Bowers, No. 13-8014 (B.A.P. 6th Cir. Nov. 22, 2013)
Ruling:
The decision of the district court was affirmed. Pursuant to Ohio Rev. Code Ann. § 5721.37(A)(3), the certificate rate of interest, not the interest rate provided in Ohio Rev. Code Ann. §...
In re Plant Insulation Co., --F.3d--, 2013 WL 5779568 (Oct. 28, 2013 9th Cir.)
Ruling:
The Ninth Circuit Court of Appeals held that because the Debtors' plan of reorganization did not call for the Trust to control the reorganized debtor either after confirmation or at any point where...
The Fifth Circuit reversed the district court and reinstated the bankruptcy court decision and held that there is a continuing duty for a debtor to disclose a potential cause of action in...
United States Bankruptcy Appellate Panel for the First Circuit, No. MB 12084 (Sept. 19, 2013)
Ruling:
Reversing the ruling of the bankruptcy court, the BAP determined that confirmation of a Chapter 13 plan (the "Plan") which fails to address the payment of post-petition interest on...
The Ninth Circuit Court of Appeals held that the bankruptcy court had neither "arising under" nor "arising in" subject matter jurisdiction. The Ninth Circuit Court of Appeals also held, however,...
Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
12 years 8 months ago
Citation:
No. 12-1521/2904 (Sept. 4, 2013) (Precedential)
Ruling:
Affirming the District Court's ruling, the Third Circuit Court of Appeals held: (a) Section 524(g) broadly encompasses all asbestos-related actions against the debtors, including claims for...
In re WR Grace & Co., 2013 WL 4734074 (3d Cir. Sept. 4, 2013).
Ruling:
The United States Court of Appeals for the Third Circuit affirmed the holding of the United States District Court for the District of Delaware, finding that: a) the Plan meets the requirements of...
Judge(s):
Honorable Judge Thomas L. Ambro, Honorable Judge D. Michael Fisher and Honorable Judge Kent A. Jordan
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 8 months ago
Citation:
Danielson v. Flores (In re Flores), No. 11-55452, --- F.3d --- (9th Cir. Aug. 29, 2013)
Ruling:
Affirming the Bankruptcy Court, the Ninth Circuit, sitting en banc, held that a Bankruptcy Court may confirm a chapter 13 plan of reorganization under section 1325(b)(1)(B) only if the plan’s...
In re Irving Tanning Co., BAP No. EB 12-077, 2013 WL 4400254 (1st Cir. BAP, Aug. 15, 2013)
Ruling:
Section 1123(a)(5), which provides for a plan’s implementation “[n]otwithstanding any otherwise applicable nonbankruptcy law” does not “permit the Debtors to overwrite” state...
Summarized by Dean Langdon , DelCotto Law Group PLLC
12 years 9 months ago
Citation:
File Name 13a0223p.06; Docket No. 12-6362
Ruling:
The Sixth Circuit Court of Appeals dismissed the appeal for lack of jurisdiction, holding that the district court's affirmance of the bankruptcy court order declining to confirm a proposed Chapter...
