IN RE: Green Jacobson, P.C.

Citation:
No. 18-1134, 2018 WL 6815727 (8th Circuit, Dec 28,2018) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
8th Circuit affirmed dismissal by bankruptcy court (E.D. Mo.) of plaintiff's claim for disgorgement because no disgorgement had been ordered in the underlying class action. Thus, the bankruptcy...
Judge(s):
Loken, Benton, Shepherd
Tag(s):

IN RE: LICKING RIVER MINING, LLC

Citation:
17-6310 (6th Circuit, Dec 28,2018) Published
Case Status:
Affirmed
Ruling:
Fees of debtor and committee professionals were properly payable from "carveout" contained in Final Cash Collateral Order, notwithstanding conversion of case to Chapter 7 and despite lender's...
Judge(s):
Merritt, Daughtrey, and Stranch
Tag(s):

IN RE: TH PROPERTIES

Citation:
No. 17-1922 (3rd Circuit, Nov 28,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Third Circuit Court of Appeals vacated the district court’s order and remanded for further consideration, finding, in part, that the bankruptcy court and district court erred when they found...
Judge(s):
Ambro, Restrepo, and Fuentes, Circuit Judges
Tag(s):

U.S. v. Valdes-Ayala

Citation:
16-1002 (1st Circuit, Aug 15,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
First Circuit affirmed convictions of defendant who exploited debtors by filing incomplete bankruptcy petitions and promising assistance in their child support payments. First Circuit also vacated...
Judge(s):
Howard, Thompson, and Barron
Tag(s):

New Products Corp. v. Wright (In re Modern Plastics Corp.)

Citation:
No. 17-2256 (6th Circuit, Apr 26,2018) Not Published
Case Status:
Affirmed
Ruling:
The Circuit Court held that awards were justified pursuant to Rules 45(d)(1) as sanctions, and pursuant to Rule 45(d)(2) cost-shifting. The subpoenas imposed an undue burden and expense that...
Judge(s):
GUY, SUTTON, and COOK, Circuit Judges.
Tag(s):

Halper v. Twin Palms Lending Group, LLC

Citation:
CC-17-1171-FSTa/CC-17-1172-FSTa (related) (9th Circuit, Mar 13,2018) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court did not err in granting default judgment against debtor/defendant who refused to sit for her deposition in two related adversary proceedings for over five years.
Judge(s):
Faris, Speaker, Taylor
Tag(s):

Lowe v. Ransier

Citation:
Nos. 15-8053/8055; File No. 18b0003p.06 (6th Circuit, Mar 13,2018) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed Bankruptcy Court's decision that found indirect equity owner of Debtor in contempt for pursuing claims in his own name in state court under...
Judge(s):
BAP Judges Delk, Harrison and Opperman (Chief- wrote opinion)
Tag(s):

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

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):

U.S. Energy Development Corp. v. CL III Funding Holding Co., L.L.C. In the Matter of WBH Energy, L.P.)

Citation:
17-50217 (5th Circuit, Jan 10,2018) Not Published
Case Status:
Affirmed
Ruling:
Lower Court's affirmed. Appellant is not entitled to attorneys' fees because it was not a "prevailing party" as required under the applicable documents.
Judge(s):
Higginbotham, Jones and Graves
Tag(s):

Church Joint Venture, L.P. v. Grusin (In re Blasingame)

Citation:
16-6776 (6th Circuit, Jan 04,2018) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit reverses the imposition of sanctions by the bankruptcy court under Rule 9011 and 28 USC Sec. 1927 (but affirms the BAP), holding that Grusin did not file the debtors petition,...
Judge(s):
Keith, McKeague and Stranch; opinion by Keith
Tag(s):

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