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Houston Sportsnet Finance, L.L.C. v. Houston Astros, L.L.C (In the Matter of Houston Regional Sports Network, L.P.)

Citation:
15-20497 (5th Circuit, Mar 29,2018) Published
Case Status:
Reversed and Remanded
Ruling:
For a Section 506 valuation of collateral in connection with a Chapter 11 cram-down plan, a bankruptcy court has the flexibility to select a valuation date--the petition date, the confirmation...
Judge(s):
Owen, Wiener, and Prado
Tag(s):

Gonzalez v. Owens Corning

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 7 years 11 months ago
Citation:
No. 16-2653 (3rd Circuit, Mar 19,2018) Published
Case Status:
Affirmed
Ruling:
The Frenville standard requires a court to look to the underlying state limitations law to determine when a claim arises. Where the proffered "common issue" depends upon the (different) limitations...
Judge(s):
CHAGARES, JORDAN, and HARDIMAN
Tag(s):

Anderson v. Credit One Bank, N.A.

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 7 years 11 months ago
Citation:
16 ‐ 2496 (2nd Circuit, Mar 07,2018) Published
Case Status:
Affirmed
Ruling:
Affirmed order denying arbitration of debtor's class action claim alleging violation of discharge injunction.. Court found arbitration of a claim based on an alleged violation of Section 524(a)(2)...
Judge(s):
Pooler and Droney, Circuit Judges , and Ramos District Judge .
Tag(s):

Mandel v. Thrasher

Citation:
17-40059 (5th Circuit, Feb 15,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court fulfilled its obligations under the Fifth Circuit's remand. The bankruptcy court adequately explained how it arrived at the damages awarded against the debtor-appellant, and...
Judge(s):
LING, JONES, ELROD
Tag(s):

Amiri v. Ramos Oil CO., Inc.

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 6 days ago
Citation:
BAP No. NC-17-1061-TaBS (9th Circuit, Feb 13,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment of bankruptcy court (ND Cal.) denying discharge of chapter 7 debtor under 11 USC 727 for knowing and fraudulent oath after debtor failed to disclose he was an...
Judge(s):
Taylor, Brand, Spraker
Tag(s):

Olson v. Van Meter

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 6 days ago
Citation:
NV-17-1168-LTiF (9th Circuit, Feb 05,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. reversed and remanded ruling of bankruptcy court (D. Nev.-Reno) dismissing chapter 13 debtor's case sua sponte on ground that debtor's postpetition acceptance of rent from...
Judge(s):
Lafferty, Tighe, Faris
Tag(s):

Asociacion de Titulares de Condominio Castillo v. Dimarco

Citation:
17-009 (1st Circuit, Feb 08,2018) Published
Case Status:
Affirmed
Ruling:
First, a motion for “reconsideration” under Fed. R. Civ. P. 59 or 60 does not toll the 14-day deadline for filing an appeal under Fed. R. Bankr. P. 8002(b). Second, since the discharge in...
Judge(s):
Feeney, Harwood, and Fagone.
Tag(s):

Smith v. IH4 Property West LP (In re Smith)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 4 weeks ago
Citation:
BAP No. CC-16-1414-FLKu (9th Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) denying chapter 13 debtor's motion for damages against creditor based on violation of automatic stay. BAP ruled that creditor deed...
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

Mark Technologies Corp. v. Frazer (In re Mark Technologies Corp.)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 3 weeks ago
Citation:
BAP No. CC-16-1435-KUFL (9th Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit issued single ruling on four separate appeals. BAP dismissed appeals as moot, and in alternative, affirmed on the merits. After bankruptcy court (C.D. Cal.) approved settlement...
Judge(s):
Kurtz, Faris, Lafferty
Tag(s):

IN RE: JFK CAPITAL HOLDINGS, L.L.C

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 8 years 1 month ago
Citation:
16-31151 (5th Circuit, Jan 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Concerning Chapter 7 trustee fees, the Fifth Circuit rejected the rule that Section 326 is merely a statutory cap on fees that may be awarded to chapter 7 trustees. Instead, the Court held that...
Judge(s):
Reavley, Southwick and Haynes
Tag(s):

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