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AMERICAN AIRLINES, INC. v. MAWHINNEY

Citation:
16-56643 (9th Circuit, Sep 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. affirmed in part and reversed in part ruling of district court (SD Cal.). 9th Circuit agreed employer did not waive right to arbitrate by waiting to seek to compel arbitration. Private...
Judge(s):
Berzon, Smith, Castel
Tag(s):

RUBIN v. UNITED STATES OF AMERICA

Citation:
No. 16-56633 (9th Circuit, Sep 24,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Circuit affirmed in part, reversed in part, and remanded district court (CD Cal.) judgment in favor of the US (IRS) in suit for tax refund by taxpayer based on return filed by bankruptcy...
Judge(s):
Clifton, Callahan, Hoyt
Tag(s):

Ress Financial Corp. v. Beaumont 1600, LLC

Citation:
BAP No. CC-17-1357-LLsTA & CC-17-1387-LLsTa (9th Circuit, Sep 07,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. reversed and remanded contempt citation of bankruptcy court (CD Cal.) finding the court made inadequate findings to support ruling. Bankruptcy court failed to find that...
Judge(s):
Lafferty, Taylor, Lastreto
Tag(s):

Sino Clean Energy, Inc. v. Seiden

Citation:
No. 17-15316 (9th Circuit, Aug 27,2018) Published
Case Status:
Affirmed
Ruling:
Former members of the board of directors of a Nevada corporation, who had been removed by the receiver for the corporation, did not have standing under Nevada law to file a bankruptcy petition on...
Judge(s):
Graber, Tallman, and Ivan L.R. Lemelle (Senior District Judge, E.D. La., sitting by designation)
Tag(s):

Walters v. Cates

Citation:
BAP No. CO-17-047 (10th Circuit, Aug 24,2018) Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed ruling of bankruptcy court (D. Colo.) granting defendants' motion for summary judgment based on determination that transfer occurred outside of preference period....
Judge(s):
Cornish, Jacobvitz, Hall
Tag(s):

Moti Partners, LLC v. Desert Palace, Inc. (In re Caesars Entertainment Operating Co., Inc.)

Citation:
BAP No. NV-17-1386-LBTa (9th Circuit, Aug 20,2018) Published
Case Status:
Dismissed
Ruling:
BAP for 9th Cir. dismissed appeal for lack of subject matter jurisdiction based on 28 USC 1447(d)'s prohibition against appellate review of remand orders. Bankruptcy court's (D. Nev.) reasoning...
Judge(s):
Lafferty, Brand, and Taylor
Tag(s):

Bennett v. Jefferson County, AL

Citation:
15-11690 (11th Circuit, Aug 16,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The doctrine of equitable mootness applies to confirmed plans in chapter 9 (as well as chapter 11 and 13) bankruptcy cases. To the extent that constitutional rights may be affected in chapter 9...
Judge(s):
TJOFLAT, MARTIN, and JORDAN
Tag(s):

Kaye v. Blue Bell Creameries, Inc.

Citation:
17-13588 (11th Circuit, Aug 14,2018) Published
Case Status:
Reversed and Remanded
Ruling:
In reversing the decision of the bankruptcy court and concluding that new value need not remain unpaid, the Eleventh Circuit held that the statement in Jet Florida System indicating that new value...
Judge(s):
Martin, Circuit Judge, Julie Carnes, Circuit Judge, and Gilman, Circuit Judge
Tag(s):

Sandoval v. Taylor

Citation:
17-1241 (10th Circuit, Aug 14,2018) Published
Case Status:
Reversed and Remanded
Ruling:
10th Cir. (D. Colo.) reversed and remanded ruling of bankruptcy court (D. Colo.) on direct appeal finding that proper calculation for lien avoidance under 11 USC 522(f) for jointly owned property...
Judge(s):
Lucero, Phillips, Moritz
Tag(s):

21st Mortgage Corp. v. Glenn

Citation:
No. 17-60533 (5th Circuit, Aug 13,2018) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed ruling of district court (ND. Miss.), affirming bankruptcy court, which overruled secured creditor's objection to chapter 13 plan treatment for failure to include one time...
Judge(s):
Elrod, Costa, Ho
Tag(s):

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