BAP for 10th Circuit affirmed ruling of bankruptcy court (W.D. Okla.) denying creditors' claim for breach of contract. Bankruptcy court properly considered parole evidence under Oklahoma contract...
The appeal was dismissed as moot because the appellants failed to appeal the bankruptcy court's order confirming a Chapter 11 plan. The plan incorporated a Settlement Agreement that extinguished...
The Sixth Circuit BAP held the notice provided by the Bankruptcy Court's order of May 29, 2015 was not reasonably calculated to give the Debtor notice of what issues would be considered at June 2,...
Judge(s):
Humphrey, Opperman and Preston. Opinion by Preston
Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
8 years 6 months ago
Citation:
No. 16-3953 (Pursuit Capital Mgmt. Fund I, L.P. v. Burtch (In re Pursuit Capital Mgmt., LLC), 2017 U.S. App. LEXIS 20889) (3rd Circuit, Oct 24,2017) Published
In this precedential ruling, the Third Circuit ruled that Section 363(m) moots a challenge to a trustee's sale of avoidance actions because the appellant did not obtain a stay pending appeal and a...
Judge(s):
JORDAN, KRAUSE, Circuit Judges and RICHARD G. STEARNS, District Judge sitting by designation
Section 106(a)(1) abrogates sovereign immunity, allowing bankruptcy trustees to sue the United States under state fraudulent transfer law for prepetition tax payments. Disagreeing with the Seventh...
In a case with the thinnest of connections to bankruptcy (the owners of the corporate defendant filed for bankruptcy relief; Sara Wenner then was dismissed from the federal ERISA litigation), the...
(1)Bankruptcy court had post-confirmation jurisdiction to adjudicate dispute over interpretation of contract assumed by debtor during bankruptcy-if Netflix had been permitted to stream films before...
Judge(s):
Reena Raggi and Raymond J. Lohler, Jr., Circuit Judges, and Joan M. Azrack, District Judge for E.D.N.Y. sitting by designation
California personal property tax liens may be avoided in bankruptcy even if the tax collector records tax delinquency certificates ("Tax Certificates") with the appropriate County Recorder because...
Judge(s):
WARDLAW, CALLAHAN, GORDON J. QUIST (W.D. Mich., sitting by designation)
Oil producers failed to perfect their security interests in extracted oil under state law and/or the downstream purchasers of that oil acquired the oil free and clear of any security interests as...
1. Trial evidence that debtor (Corwin) cause companies that he controlled to use contracts containing language contrary to Texas tax lien foreclosure law was sufficient to establish that Corwin had...
