US v. Foistner

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova PSC
• 1 year 7 months ago

Citation:

22-1420 and 22-1619 (1st Circuit, Jul 15,2024) Not Published

Case Status:

Affirmed

Ruling:

The court affirmed the district court's determination denying all the arguments of judicial bias.

Judge(s):

Kayatta, Lipez, and Thompson,

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• Valuation

MARGUERITE POTTER and KEVIN POTTER

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 1 year 7 months ago

Citation:

23-2625 (3rd Circuit, Jun 26,2024) Published

Case Status:

Affirmed

Ruling:

In this non-precedential ruling, the Third Circuit affirmed the decisions of the District and Bankruptcy Courts annulling the automatic stay and dismissing the pro se debtors’ civil action...

Judge(s):

JORDAN, PHILLPS and NYGAARD, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Real Estate
• 11 U.S.C. 362(k); 28 U.S.C. 157(a)

Ricky Hughes v. Wisconsin Central, Ltd.

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 7 months ago

Citation:

23-1410 (8th Circuit, Jun 25,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Court of Appeals for the Eighth Circuit (Circuit) held that Ricky Hughes (DR), a former chapter 13 debtor whose first plan payment dated nearly 10 years earlier, had the standing to...

Judge(s):

Ralph R. Erickson; Michael J. Melloy; and David Stras

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Debt
• Professional Practice Areas
• 11 U.S.C. § 554(d); 11 U.S.C. § 1322(d)(1); 11 U.S.C. § 1327(b); 11 U.S.C. § 1329(a)

IN RE: A&D PROPERTY CONSULTANTS, LLC, ET

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 8 months ago

Citation:

23-60040 & 23-60041 (9th Circuit, Jun 06,2024) Not Published

Case Status:

Affirmed

Ruling:

Resolving consolidated appeals by A&D Property Consultants LLC (AD) of a decision by the circuit's bankruptcy appellate panel (BAP) affirming two bankruptcy court (BC) orders, the U.S. Court of...

Judge(s):

Sidney R. Thomas; Eric D. Miller; and Richard D. Bennett

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Claims
• Practice and Procedure
• Personal Bankruptcy Topics
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 7013
• 11 U.S.C. § 363(b)(1); 11 U.S.C. § 363(e); 11 U.S.C. § 363(f); 11 U.S.C. § 363(h); 11 U.S.C. § 541(a)(1)

In re: RONALD WILLIAM KIPPS

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 8 months ago

Citation:

23-2307 & 23-2308 (3rd Circuit, May 07,2024) Not Published

Case Status:

Affirmed

Ruling:

As had the U.S. District Court for the Middle District of Pennsylvania (DC), the U.S. Court of Appeals for the Third Circuit (Circuit) affirmed orders issued by the U.S. Bankruptcy Court for the...

Judge(s):

David J. Porter; Tamika Montgomery-Reeves; and Jane Richards Roth

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Debt
• Family/Divorce Issues
• 11 U.S.C. § 362(a)(1); 11 U.S.C. § 362(b)(2)(A)(iv); 11 U.S.C. § 501; 11 U.S.C. § 502; 11 U.S.C. § 1322(d)(2)

Sheldon Stone v. Citizens Equity First Credit Union

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 1 year 8 months ago

Citation:

No. 23-2965 (7th Circuit, Jun 03,2024) Not Published

Case Status:

Affirmed

Ruling:

Finding that the text of Illinois’ version of the Uniform Fraudulent Transfer Act set up multiple ways in which a business can be insolvent for purposes of fraudulent transfer liability, the...

Judge(s):

EASTERBROOK, JACKSON-AKIWUMI and LEE

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Practice and Procedure
• Preferences

In re: WITCHEY ENTERPRISES, INC.

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 8 months ago

Citation:

No. 23-1883 (3rd Circuit, Jun 04,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Third Circuit affirmed a district court's determination that a bankruptcy court did not abuse its discretion in denying fees to a chapter 11 debtor's counsel based...

Judge(s):

KRAUSE, CHUNG, RENDELL

Tag(s):

• 3rd Circuit
• Administrative Expense Claims
• Ethics
• Practice and Procedure
• Professional Compensation/Fees
• Fed. R. Bankr. P. 2014; Fed. R. Bankr. P. 9014(d)
• 11 U.S.C. § 327(a); 11 U.S.C. § 372(a); 11 U.S.C. § 328(c); 11 U.S.C. § 1109(b)

IN RE: MICHAEL G. KASOLAS V. AURORA CAPIT

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 8 months ago

Citation:

23-60022 (9th Circuit, Jun 04,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit (Circuit) affirmed the dismissal of the decision of the circuit's Bankruptcy Appellate Panel (BAP) to affirm the partial dismissal of an adversary...

Judge(s):

Sidney R. Thomas; Gabriel P. Sanchez; and Consuelo Callahan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Fraudulent Transfers
• Practice and Procedure
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Small Business
• 11 U.S.C § 541; 11 U.S.C § 549(a)

CLO HoldCo, Ltd. v. Kirschner (In re Highland Cap. Mgmt. LP)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 9 months ago

Citation:

No. 23-10660 (5th Circuit, May 21,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court did not abuse its discretion in refusing to allow a creditor-appellant's proposed second amended claim filed 11 months after...

Judge(s):

Smith, Haynes, and Douglas

Tag(s):

• 5th Circuit
• Claims
• Plan Confirmation
• Practice and Procedure

Trinity High Sch., Inc. v. Sanderfer (In re Sanderfer)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 9 months ago

Citation:

No. 23-8023 (6th Circuit, May 24,2024) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Bankruptcy Appellate Panel of the Sixth Circuit held a bankruptcy court erred in granting summary judgment to a debtor/appellee on a creditor/appellant's claim to except a debt from her...

Judge(s):

BAUKNIGHT, GREGG, and STOUT

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Discharge/Dischargeability
• Fed. R. Bankr. P. 7056
• 11 U.S.C. § 523(a)(8)

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