Harper v. The Oversight Committee (In re Conco, Inc.)

Citation:
16-6166 (6th Circuit, Apr 28,2017) Published
Case Status:
Affirmed
Ruling:
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...
Judge(s):
Daughtrey, Sutton, and Donald.
Tag(s):

Brown Media Corp. v. K&L Gates, LLP

Citation:
15-4185-cv (2nd Circuit, Apr 14,2017) Not Published
Case Status:
Reversed
Ruling:
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
Tag(s):

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

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.

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.

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)

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)

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)

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)

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):

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