In re Adam R. Schiller

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 5 months ago

Citation:

21-6001 (8th Circuit, Jul 15,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Remanding to the Bankruptcy Court for District of Minnesota (BC), the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) first vacate the BC's ruling denying a creditor's objection to the...

Judge(s):

Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Plan Confirmation
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• Chapter 12/Farm Cases
• Finance and Banking
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 3002(a); Fed. R. Bankr. P. 3015
• 11 U.S.C § 1225(b)(1); 11 U.S.C § 1225(a)(5); 11 U.S.C § 502(b)(9); 11 U.S.C § 506(a)(1); 11 U.S.C § 548(a)(1)

In re Paul William Martin

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 10 months ago

Citation:

19-1336 (9th Circuit, Mar 03,2021) Not Published

Case Status:

Affirmed

Ruling:

Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) saw no error in its inferring of the verboten intent in a...

Judge(s):

Scott H. Gan; William J. Lafferty III; and Robert J. Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Small Business
• Uniform Commercial Code/Article 9
• Fed. R. Bankr. P. 4007
• 11 U.S.C. § 523(a)(2)(A) and 523(a)(6)

Deutsche Bank, et al v. US Energy Dev, et al

• Summarized by Lars Fuller , BakerHostetler
• 3 years 11 months ago

Citation:

19-50646 (5th Circuit, Feb 03,2021) Published

Case Status:

Affirmed

Ruling:

Fifth Circuit affirmed bankruptcy court (WD Tx.) ruling on lien priority and conflict of law issue. Applying Delaware UCC law, bank's prior perfected blanket security interest encompassed proceeds...

Judge(s):

Jolly, Jones, Engelhardt

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Professional Practice Areas
• Uniform Commercial Code/Article 9
• Rule 3012
• § 546

In re Mensonides Dairy LLC

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 years 3 weeks ago

Citation:

20-1105 (9th Circuit, Dec 10,2020) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Eastern District of Washington (BC) that the debtors had not defaulted under...

Judge(s):

Julia W. Brand; Scott H. Gan; and Robert J. Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Court Administration
• Executory Contracts/Leases
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Agriculture/PACA
• Business Reorganization
• Finance and Banking
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 3020(d); Fed. R. Bankr. P. 3021
• 11 U.S.C. § 1141; 11 U.S.C. § 1142

Whirlpool v. Wells Fargo Bank (In re HHGregg)

• Summarized by Michael Cooley , Reed Smith LLP
• 4 years 11 months ago

Citation:

18-3363 (7th Circuit, Feb 11,2020) Published

Case Status:

Affirmed

Ruling:

A reclamation claim made under UCC § 2-702 and 11 U.S.C. § 546(c) does not give rise to a purchase money security interest, and is inferior to a previously perfected floating lien on the assets...

Judge(s):

Sykes, Hamilton, and Scudder

Tag(s):

• 7th Circuit
• Uniform Commercial Code/Article 9
• § 546

Fishback Nursery, Incorporated, et al v. PNC Bank

• Summarized by J. Newman , Newman & Newman
• 5 years 9 months ago

Citation:

No. 18-10090 (5th Circuit, Apr 10,2019) Published

Case Status:

Affirmed

Ruling:

The court first consider the choice-of-law issue. The court rejected the Nurseries’ arguments that the district court erred in determining the law applicable to the parties’ lien dispute. On...

Judge(s):

SMITH, DUNCAN, and ENGELHARDT, Circuit Judges.

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Venue/Jurisdiction
• Uniform Commercial Code/Article 9
• 11 U.S.C. § 1107(a)
• 28 U.S.C. § 1334(b)
• 28 U.S.C. § 1332

Altair Global Credit Opp. v Employees Retirement System (In re Oversight and Management Board for Puerto Rico)

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 5 years 11 months ago

Citation:

18-1836; 18-1837; 18-1841; 18-1855; 18-1858; 18-1868; (1st Circuit, Jan 30,2019) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The Court of Appeals agreed with the holding that the 2008 Financing Statements did not perfect the Bondholders' security interest in the Pledged Property, but determined that Bondholders met the...

Judge(s):

Lynch, Stahl and Kayatta

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Claims
• Puerto Rico
• Uniform Commercial Code/Article 9
• 11 U.S.C. 544;(a); 11 U.S. 552

Arrow Oil & Gas, Inc. v. J. Aron & Company (In re Semcrude L.P.)

• Summarized by Daniel Waxman , KEWA Financial Inc.
• 7 years 5 months ago

Citation:

15-3094, 15-3095, 15-3096, 15-3097, 15-3121, 15-3123, 15-3124, (3rd Circuit, Jul 19,2017) Published

Case Status:

Affirmed

Ruling:

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...

Judge(s):

Ambro, Jordan and Fisher

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• Professional Practice Areas
• Uniform Commercial Code/Article 9

Wharton v. Schwartzer (In re Wharton)

• Summarized by Lars Fuller , BakerHostetler
• 7 years 10 months ago

Citation:

BAP No. NV-16-1218-JuFY (9th Circuit, Feb 13,2017) Published

Case Status:

Affirmed

Ruling:

The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (D. Nev.) order granting chapter 7 trustee's motion for turnover of a vehicle, notwithstanding debtors' claim of exemption. The...

Judge(s):

Jury, Fairs, Yun

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Uniform Commercial Code/Article 9
• § 522

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

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 7 years 11 months 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):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Legislation
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Investment Banking
• Turnaround Issues
• Uniform Commercial Code/Article 9

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