Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
14 years 2 months ago
Citation:
Morris v. Quigley (In re Quigley), Case No. 5:08-cv-00126-FPS, 2012 U.S. App. LEXIS 4732 (4th Cir. March 7, 2012).
Ruling:
Guided by the decision of the United States Supreme Court in Hamilton v. Lanning, 130 S. Ct. 2464 (2010), the 4th Circuit reversed the decision of the district court and held that the Debtor should...
Judge(s):
Before Chief Judge William B. Traxler, Judge Diana Gribbon Motz, and Dennis W. Shedd. Chief Judge Traxler wrote the opinion, in which Judge Motz and Judge Shedd joined.
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 3 months ago
Citation:
No. 11-6061 (B.A.P. 8th Cir. Feb. 1, 2012)
Ruling:
The Eighth Circuit affirmed the decision of the bankruptcy court denying a creditor's motion to determine his claim, on the grounds that the bankruptcy court lacked subject matter jurisdiction to...
Affirms the District Court's ruling that the Plan preempts Appellants state law claim for enforcement of contract rights. Reverses the District Court's ruling that Appellants lacked standing to...
Judge(s):
Mary M. Schroeder and Ronald M. Gould, Circuit Judges, and Richard Seeborg, District Judge (N.D. Cal.). Opinion by Judge Gould.
A secured creditor can object to a plan to protect its lien from unfavorable treatment, but a plan can be crammed down over objection provided one of three subsections of Bankruptcy Code §...
Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
14 years 4 months ago
Citation:
No. 10-15119 (Jan. 11, 2012) [Do Not Publish]
Ruling:
Affirming district court's grant of summary judgment in favor of Defendants on borrower-Plaintiff's multi-count complaint against her mortgage lender and their attorneys for violations of the Fair...
Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
14 years 4 months ago
Citation:
No. 11-1724 (3rd Cir. 2011) 2012 U.S. App. LEXIS 34
Ruling:
A creditor’s appeal of a bankruptcy court order confirming a chapter 11 plan of reorganization and disallowing an objection by the creditor with respect to payment of an alleged $50 million claim...
Judge(s):
SLOVITER , VANASKIE , Circuit Judges and Lawrence F. Stengel , United States District Court for the Eastern District of Pennsylvania, sitting by designation.
Summarized by Cara Murray , Whiteford Taylor Preston LLP
14 years 5 months ago
Citation:
John R. Berhmann v. Nat'l Heritage Foundation, Inc., ___ F.3d ___ (4th Cir. 2011) (Case No.:10-2015); 2011 U.S. App. LEXIS 24454
Ruling:
The United States Court of Appeals for the Fourth Circuit (the “Fourth Circuit”) held that equitable relief in the form of non-debtor release provisions in a plan of reorganization is...
Judge(s):
Before Traxler, Chief Judge, and Agee and Diaz, Circuit Judges (opinion by Judge Diaz)
The Eleventh Circuit Court of Appeals affirmed the District Court and Bankruptcy Court's holding that "an over secured creditor is only entitled to the contract rate of interest [on its allowed...
Judge(s):
Dubina (Chief Judge), Cox (Circuit Judge), and Hunt (District Judge).
Following the confirmation of a debtor's plan of reorganization, a group of former investors in the debtor filed suit in federal district court against the administrative agent for certain...
