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Summarizing by Paris Gyparakis

Otto Candies, LLC, et al v. Citigroup Inc.

Citation:
23-13152 (11th Circuit, May 08,2025) Published
Case Status:
Reversed and Remanded
Ruling:
In this second appeal arising out of a long-running case based on allegations of a transnational fraudulent scheme-a conspiracy by and among Citigroup, Inc. (Citi); its agents, Citibank (CB) and...
Judge(s):
Jill A. Pryor; Elizabeth L. Branch; and Britt C. Grant
Tag(s):

New York Inn v. Associated Indust

Citation:
24-10338 (5th Circuit, Apr 03,2025) Not Published
Case Status:
Affirmed
Ruling:
In dueling appeals arising from the same case, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the grant by the district court of the motion for summary judgment, based on the...
Judge(s):
Jennifer Walker Elrod; Edith Brown Clement; and Irma Carrillo Ramirez
Tag(s):

Placid Oil v. Avalon Farms

Citation:
23-11120 (5th Circuit, Mar 27,2025) Not Published
Case Status:
Affirmed
Ruling:
In a decision that hinged on whether a transfer of part of a lessee's interest in real property was a sublease or an assignment under Louisiana law, the court affirmed the bankruptcy court's...
Judge(s):
Jones, Willett, and Engelhardt, Circuit Judges
Tag(s):

USSEC, ET AL V. CHICAGO TITLE COMPANY, ET

Citation:
22-56206, 22-56208 (9th Circuit, Feb 20,2025) Published
Case Status:
Affirmed
Ruling:
In a decision that reduced Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), to one footnote, the court ruled that district courts could enter third-party injunctions in SEC Ponzi-scheme...
Judge(s):
EBEL (sitting by designation), BADE, and FORREST, Circuit Court judges
Tag(s):

Excluded Lenders v. Serta

Citation:
23-20181, 23-20450, 23-20363 (5th Circuit, Feb 14,2023) Published
Case Status:
Reversed and Remanded
Ruling:
In the first review of Up-Tier lending (discussed in the "Facts" section of this summary) by a court of Appeals, the Fifth Circuit held that the pre-petition up-tier lending arrangement between the...
Judge(s):
HAYNES, WILLETT, and OLDHAM, Circuit Judges
Tag(s):

Rose v. Grappler Pressure Pumping

Citation:
24-50251 (5th Circuit, Feb 06,2025) Published
Case Status:
Affirmed
Ruling:
The 5th Circuit affirmed the District Court's ruling that denied the plaintiffs' claims for successor liability under the WARN Act against a purchaser of assets from a bankruptcy debtor. The Court...
Judge(s):
Higginbotham;Willett; and HO
Tag(s):

Sunz Insurance Company v. U.S. Treasury Department, Internal Revenue Servic

Citation:
22-12336 (11th Circuit, Jan 08,2025) Published
Case Status:
Affirmed
Ruling:
A federal tax lien attaches to all of a debtor's assets and has priority from the date on which notice of the lien is filed. As a result, a secured creditor's security interest, even though...
Judge(s):
RANCH and LUCK, Circuit Judges, and BERGER, District Judge
Tag(s):

In re Vincent A. Piazza (Patricia Elliott v. Vincent A. Piazza, III)

Citation:
23-3061 (3rd Circuit, Dec 02,2024) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit affirmed the decision of the district court affirming the decision of the bankruptcy court below that the debt owed to a creditor based on a pre-petition written promise to repay...
Judge(s):
SHWARTZ, MATEY, and McKEE, Circuit Judges
Tag(s):

ROSE COURT, LLC V. SELECT PORTFOLIO SERVI

Citation:
21-16663 (9th Circuit, Oct 17,2024) Published
Case Status:
Affirmed
Ruling:
A panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the Northern District of California affirming the decision of that district's bankruptcy...
Judge(s):
Daniel P. Collins; Danielle J. Forrest; and Jennifer Sung
Tag(s):

Boston Generating, LLC V CREDIT SUISSE SECURITIES (USA) LLC

Citation:
21-2543-bk (2nd Circuit, Sep 19,2024) Not Published
Case Status:
Affirmed
Ruling:
The safe harbor provision of 11 U.S.C. § 546(e) protects all phases of Complex refinancing and recapitalization transactions in which prior equity owners of the debtor’s parent receive payment...
Judge(s):
SUSAN L. CARNEY, JOSEPH F. BIANCO, ALISON J. NATHAN, Circuit Judges
Tag(s):

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