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INTERNATIONAL PETROLEUM PRODUC V. BLACK G

Citation:
22-15109 and 22-16341 (9th Circuit, Sep 16,2024) Published
Case Status:
Affirmed
Ruling:
An order reversing a bankruptcy court's decision to deny recognition of a foreign insolvency proceeding does not trigger the automatic stay of 11 U.S.C. § 1120 nunc pro tunc to the date of the...
Judge(s):
Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges [*United States Court of Appeals for the Seventh Circuit, sitting by designation]
Tag(s):

Douglas Kelley v. BMO Harris Bank N.A.

  • Summarized by Jaden Banks , Nyemaster Goode, P.C.
  • 1 year 5 months ago
Citation:
23-2632 (8th Circuit, Sep 12,2024) Published
Case Status:
Reversed and Rendered
Ruling:
Because a bankruptcy trustee steps into the shoes of the debtor rather than shoes of a prepetition receiver, the defense of in pari delicto remains available to a defendant in an adversary...
Judge(s):
COLLOTON, BENTON, and SHEPHERD
Tag(s):

Wells Fargo Bank V The Hertz Corporation, et al.

Citation:
23-1169 (3rd Circuit, Sep 10,2024) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Regardless of how they are defined or computed under the applicable contracts, make-whole fees are interest and subject to disallowance under 11 U.S.C. § 502(b)(2). However, a debtor cannot...
Judge(s):
KRAUSE, PORTER, and AMBRO, Circuit Judges
Tag(s):

THE LOVERING TUBBS TRUST, ET AL V. TIMOTHY W. HOFFMAN

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 1 year 5 months ago
Citation:
23-60005 (9th Circuit, Sep 09,2024) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court decisions granting summary judgment in favor of the chapter 7 trustee on his 11 USC...
Judge(s):
Bea, Hamilton, and Christen
Tag(s):

Bay Point Capital Partners II, LP v. Thomas Switch Holding, Llc

Citation:
23-11432 (11th Circuit, Aug 26,2024) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals concluded that the bankruptcy court's determination of the value of a bitcoin mining property was not clearly erroneous. Specifically, the Court of Appeals found that the...
Judge(s):
WILLIAM PRYOR, Chief Judge, and JILL PRYOR, and BRASHER, Circuit Judges
Tag(s):

STATE OF MONTANA DEPARTMENT OF REV V TIMOTHY L. BLIXSETH

Citation:
22-60046 (9th Circuit, Aug 14,2024) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court cannot award an involuntary debtor relief under 11 U.S.C. § 303(i) against a State merely because it was a petitioning creditor. First, a State does not waive its Eleventh...
Judge(s):
Rawlinson, Melloy (8th Circuit, sitting by designation), and Thomas
Tag(s):

McIntyre v. Fangman, et al.

  • Summarized by Leo Weiss , Office of the U.S. Trustee
  • 1 year 6 months ago
Citation:
23-1048 (10th Circuit, Aug 02,2024) Not Published
Case Status:
Affirmed
Ruling:
McIntyre had business disputes with Fangman. After interpleading the amount he admitted owing in a state court, he filed a pro se Chapter 13 bankruptcy in which he challenged the state court's...
Judge(s):
Matheson, Eid and Carson
Tag(s):

Congoleum Corporation V. Bath Works Corporation

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 1 year 6 months ago
Citation:
23-1295 (3rd Circuit, Aug 01,2024) Published
Case Status:
Affirmed
Ruling:
In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court finding that the Bankruptcy Court lacked good cause to reopen the former confirmed chapter 11 case of...
Judge(s):
CHAGARES, Chief Judge, MATEY and FUENTES, Circuit Judges
Tag(s):

LTL MANAGEMENT LLC

Citation:
23-2971 and 23-2972 (3rd Circuit, Jul 25,2024) Not Published
Case Status:
Affirmed
Ruling:
A debtor is ineligible for bankruptcy in the Third Circuit if it cannot show that it is in financial distress. A debtor's mere forecast of blockbuster verdicts against it, or the "attenuated"...
Judge(s):
RESTREPO, FREEMAN, and AMBRO, Circuit Judges
Tag(s):

FOMB v. AmeriNational Community Services, LLC District Court of Puerto Rico, San Juan

Citation:
23-1747 (1st Circuit, Jul 17,2024) Published
Case Status:
Affirmed
Ruling:
Title VI of the Puerto Rico Oversight, Management, and Economic Stability Act does not alter the legal standard, found in both New York and Puerto Rico law, that the terms of a final contract...
Judge(s):
Montecalvo, Lipez, and Rikelman, Circuit Judges
Tag(s):

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