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IN RE FAGERDALA USA

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 months ago
Citation:
No. 16-35430 (9th Circuit, Jun 04,2018) Published
Case Status:
Reversed and Remanded
Ruling:
9th Cir. reversed district court (D. Or.), which had affirmed bankruptcy court ruling granting chapter 11 debtor's motion to designate claims for bad faith and preclude the claims from being voted...
Judge(s):
Smith, Christen, Hurwitz
Tag(s):

Franchise Services of N.A., Inc. v. U.S. Trustee

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 months ago
Citation:
No. 18-60093 (5th Circuit, May 22,2018) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed bankruptcy court (SD Miss) on direct appeal of order dismissing chapter 11 case based on failure to obtain shareholder consent for bankruptcy. Federal law does not prevent...
Judge(s):
King, Jones, Graves
Tag(s):

Parr v. Rodriguez

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 7 years 9 months ago
Citation:
17-1258 (10th Circuit, May 22,2018) Not Published
Case Status:
Affirmed
Ruling:
In the bankruptcy context, a more stringent standing requirement than the case or controversy standing requirement of Article III is applied and only a person aggrieved by a bankruptcy court order...
Judge(s):
Bacharach, McKay, Baldock
Tag(s):

Brown v. Barclay

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 months ago
Citation:
BAP No. SC-17-1068-AKuS (9th Circuit, May 21,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed summary judgment entered by bankruptcy court (SD Cal.) in favor of plaintiff-chapter 7 trustee avoiding debtor's postpetition transfer of inheritance proceeds to his...
Judge(s):
Alston, Kurtz, Spraker
Tag(s):

Lee v. Field

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 months ago
Citation:
No. 15-17451 (9th Circuit, May 07,2018) Published
Case Status:
Affirmed
Ruling:
Ninth Circuit affirmed bankruptcy court (D. Hawaii) ruling, affirmed by district court, finding that Trustee's adversary proceeding constituted valid objection under FRBP 4003 to debtor's claim of...
Judge(s):
O'Scannlain, Clifton, Ikuta
Tag(s):

IN RE: MODERN PLASTICS CORPORATION

  • Summarized by Jason Stitt , Keating Muething & Klekamp PLL
  • 7 years 10 months ago
Citation:
17-2256 (6th Circuit, Apr 26,2018) Published
Case Status:
Affirmed
Ruling:
Court of Appeals for the Sixth Circuit affirmed bankruptcy court's award of attorney fees and costs (and subsequent finding of civil contempt for failure to pay the award as ordered) related to...
Judge(s):
GUY, SUTTON, and COOK, Circuit Judges
Tag(s):

IN RE WESTWOOD PLAZA NORTH

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 7 years 10 months ago
Citation:
No. 17-55655 (9th Circuit, May 01,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Once the Court finds that an appeal is frivolous, the prevailing party must file a motion for sanctions under Fed. R. App. P. 38 and 28 U.S.C. § 1927 within the time limits for filing a request...
Judge(s):
Kim McLane Wardlaw, Ronald M. Gould, and Paul J. Watford
Tag(s):

Gleason v. Jansen

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 7 years 10 months ago
Citation:
No. 17-1658 (7th Circuit, Apr 25,2018) Published
Case Status:
Affirmed
Ruling:
Denial of Rule 60 relief proper when the "new evidence" was available via PACER at the time of trial. Court reiterated its statement in Kunilk v. Racine Cnty., 106 F.3d 168, 174 (7th Cir. 1997),...
Judge(s):
Wood, Chief Judge, and Kanne and Barrett, Circuit Judges
Tag(s):

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