Home » Professional Practice Areas

Marblegate Asset Management, LLC v. Education Management Finance Corp.

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 9 years 1 month ago
Citation:
2017 U.S. App. LEXIS 782 (2nd Circuit, Jan 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Section 316(b) of the Trust Indenture Act prohibits only non‐consensual amendments to an indenture’s core payment terms; it does not protect a creditor's practical ability to collect on...
Judge(s):
CABRANES, STRAUB, and LOHIER
Tag(s):

Kingdom Fresh Produce, Inc. v. Stokes Law Office, L.L.P. (In the Matter of Delta Produce, L.P.

  • Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
  • 9 years 2 months ago
Citation:
14-51079 (5th Circuit, Dec 21,2016) Published
Case Status:
Affirmed
Ruling:

This is a follow up opinion in response to the Appellees request for a rehearing. It reiterates the prior holding and also rules that estoppel and waiver do not apply here.

Judge(s):
REAVELEY, PRADO and COSTA
Tag(s):

WBCMT 2007 C33 Office 9720, L.L.C.

  • Summarized by J. Newman , Newman & Newman
  • 9 years 2 months ago
Citation:
No. 15-20086 (5th Circuit, Dec 22,2016) Published
Case Status:
Reversed and Rendered
Ruling:

NNN Realty’s interpretation of “Borrower” as limited to all borrowing entities collectively creates various absurdities throughout the Guaranty—so much so that the interpretation...

Judge(s):
JONES, DENNIS, and PRADO
Tag(s):

Aventine Renewable Energy, Inc. v. Glacial Lakes Energy, LLC

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
  • 9 years 2 months ago
Citation:
Nos. 16-1690, -1692 (7th Circuit, Dec 14,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

In a pithy opinion by Judge Posner, the Court found that applicable New York law prohibits a party from obtaining the benefits  of a contract while failing to shoulder the burdens of that...

Judge(s):
Wood, Posner, Rovner
Tag(s):

Delaware Trust Co. v. Energy Future Intermediate Holding Co. LLC (In re Energy Future Holdings Corp.

  • Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
  • 9 years 3 months ago
Citation:
16-1351 (3rd Circuit, Nov 17,2016) Published
Case Status:
Reversed and Remanded
Ruling:

Provision in loan indenture calling for a redemption premium is enforceable after the debt is accelerated due to a bankruptcy filing and the debtor, during the bankruptcy proceeding, opts to...

Judge(s):
Ambro, Smith and Fisher
Tag(s):

Holley v. Corcoran (In re Holley)

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 9 years 4 months ago
Citation:
File No. 16a0580n.06; Case No. 16-1081 (Sixth Cir., October 25, 2016)
Ruling:
Sixth Circuit Court of Appeals reversed bankruptcy court's decision which allowed Chapter 7 trustee payment of administrative expenses from the proceeds of sale of real property owned by debtors as...
Judge(s):
Circuit judges Daughtery, Gibbons,and Cook
Tag(s):

Kvassay v. Kvassay (In re Kvassay)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 5 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1420-KiTaKu (October 6, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling denying Peter E. Kvassay ("Debtor") motion for order to show cause why Robert V. Kvassay ("Creditor") should not be sanctioned...
Judge(s):
Honorable KIRSCHER, TAYLOR and KURTZ
Tag(s):

United Surety & Indemnity Co. v. Puerto Rico Electric Power Authority

  • Summarized by William Amann , Amann Burnett, PLLC
  • 9 years 6 months ago
Citation:
BAP NOS. PR 15-046, PR 15-048, Bankruptcy Case No. 08-07752-BKT, Adversary Proceeding No. 09-00258-BKT
Ruling:
We AFFIRM the Judgment of Dismissal and decline to consider USIC’s appeals from the Interlocutory Orders. We lack jurisdiction to hear PREPA’s cross-appeal and so that crossappeal is DISMISSED.
Judge(s):
Before Bankruptcy Judges Bailey, Finkle and Fagone
Tag(s):

Velasquez v. Bank of America, N.A. (In re Velasquez)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 6 months ago
Citation:
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity...
Judge(s):
Taylor, Jury, Kirscher
Tag(s):

Rivera v. Orange Country Probation Dept. (In re Rivera)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 6 months ago
Citation:
-- F.3d -- (9th Cir. 2016)
Ruling:
The Ninth Circuit reversed the Bankruptcy Appellate Panel, which had affirmed the bankruptcy court's denial of Maria Rivera ("Debtor") motion for sanctions against Orange County Probation...
Judge(s):
Honorable Stephen Reinhardt, and Kim McLane Wardlaw, Circuit Judges, and Mark W. Bennett, District Judge.
Tag(s):

Pages

About us in numbers

3925 in the system

3803 Summarized

0 Being Processed