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Ballard Spahr LLP v Official Committee of Equity Security Holders

Summarizing by Bradley Pearce

In re LTC Holdings, INC.

Citation:
20-3057 (3rd Circuit, Aug 18,2021) Published
Case Status:
Affirmed
Ruling:
In a case pitting a surety that had secured the completion of a project for the U.S. upon the default of the debtors (DRs) per a performance bond against the DRs' first lien creditor, the Third...
Judge(s):
D. Brooks Smith; Paul B. Matey; and D. Michael Fisher
Tag(s):

In re Laxmi Sarah Sundaram

Citation:
20-9008 (1st Circuit, Aug 13,2021) Published
Case Status:
Affirmed
Ruling:
Affirming the Bankruptcy Appellate Panel for the First Circuit (BAP), the U.S. Court of Appeals for the First Circuit (Circuit) reaffirmed the general jurisdictional mootness rule--when an issue...
Judge(s):
O. Rogeriee Thompson; Bruce M. Selya; and William J. Kayatta Jr.
Tag(s):

Miranda v Banco Popular de Puerto Rico

Citation:
20-9006 (1st Circuit, Aug 06,2021) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the First Circuit (Circuit) affirmed the decision of the Bankruptcy Appellate Panel for the First Circuit (BAP), which itself affirmed the entry of summary judgment by...
Judge(s):
Jeffrey R. Howard; Sandra L. Lynch; and William J. Kayatta Jr.
Tag(s):

In re VeroBLue Farms USA, Inc.

Citation:
19-3413, 19-3487 (8th Circuit, Aug 05,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Albeit agreeing with the district court that it (as well as itself) had statutory subject matter jurisdiction, the U.S. Court of Appeals for the Eighth Circuit (Panel) concluded that the district...
Judge(s):
James B. Loken; Steven L. Grasz; and Jonathan A. Kobes
Tag(s):

In re Julieta Jimenez

Citation:
CC-20-1275-FSG, CC-21-1030-FSG (9th Circuit, Aug 02,2021) Not Published
Case Status:
Affirmed
Ruling:
The 9th Circuit Bankruptcy Appellate Panel upheld the bankruptcy court's rulings granting relief from the automatic stay under section 362(d)(1) and (d)(4) and dismissing the chapter 13 case where...
Judge(s):
Faris, Spraker, Gan
Tag(s):

In re Gabino F.A. Duran

Citation:
Bankruptcy Appellate Panel of the Ninth Circuit Nos. CC-20-1045-KTG (9th Circuit, Jul 27,2021) Published
Case Status:
Affirmed
Ruling:
The BAP, in affirming the bankruptcy court, held three things: 1) dismissals, even those brought under § 1307(b) requires a court to consider the § 349(a) possibility of dismissal with...
Judge(s):
The Hons. Klein, Taylor, and Gan
Tag(s):

Alan Halperin v. Mark Richards

Citation:
20-2793 (7th Circuit, Jul 28,2021) Published
Case Status:
Reversed and Remanded
Ruling:
In a two-part opinion, the U.S. Court of Appeals for the Seventh Circuit (Panel) held that the Employee Retirement Income Security Act (ERISA) does not preempt a bankrupt entity's creditor's state...
Judge(s):
Michael S. Kanne; Ilana K. D. Rovner; and David F. Hamilton
Tag(s):

Jerry Marsh v. Madison Resource Funding Group

Citation:
20-6018 (8th Circuit, Jul 21,2021) Published
Case Status:
Affirmed
Ruling:
Finding no error in the ruling, made by the U.S. Bankruptcy Court for the District of Minnesota (BC), on the amount of damages owed to Madison Resource Funding Corp. (Madison) by Jerry Marsh...
Judge(s):
Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino
Tag(s):

In re John Finstad

Citation:
20-1857 (8th Circuit, Jul 21,2021) Published
Case Status:
Affirmed
Ruling:
In this latest chapter of a long-running dispute over farmland (Property) once owned by John and Lorie Finstad (Finstads)—and their second federal appeal involving that parcel’s ownership—the...
Judge(s):
James B. Loken; William D. Benton; and Jane L. Kelly
Tag(s):

In re Allana Baroni

Citation:
Bankruptcy Appellate Panel of the Ninth Circuit Nos. CC-20-1278-LGT, CC-20-1279-LGT (9th Circuit, Jul 13,2021) Not Published
Case Status:
Affirmed
Ruling:
The BAP held that only if the Ninth Circuit reverses the Turnover Order would the Debtor's standing be established as the Debtor conceded the estate is insolvent. The BAP also held the bankruptcy...
Judge(s):
The Hons. Lafferty, Gan, and Taylor
Tag(s):

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