In re LTC Holdings, INC.

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 7 months ago

Citation:

20-3057 (3rd Circuit, Aug 18,2021) Published

Case Status:

Affirmed

Ruling:

In a case pitting a surety that had secured the completion of a project for the U.S. upon the default of the debtors (DRs) per a performance bond against the DRs' first lien creditor, the Third...

Judge(s):

D. Brooks Smith; Paul B. Matey; and D. Michael Fisher

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Legislation
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Govt. Claims/Sovereign Immunity
• Lender Liability
• Real Estate
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• 11 U.S.C. § 509

In re Laxmi Sarah Sundaram

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 7 months ago

Citation:

20-9008 (1st Circuit, Aug 13,2021) Published

Case Status:

Affirmed

Ruling:

Affirming the Bankruptcy Appellate Panel for the First Circuit (BAP), the U.S. Court of Appeals for the First Circuit (Circuit) reaffirmed the general jurisdictional mootness rule--when an issue...

Judge(s):

O. Rogeriee Thompson; Bruce M. Selya; and William J. Kayatta Jr.

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Insurance
• Unsecured Trade Creditors
• 11 U.S.C. § 349(b)(3); 11 U.S.C. § 1326(a)(2)

In re Adam R. Schiller

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 8 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)

Kelli Allen v. Yvette Gonzales, Chapter 7 Trustee

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 9 months ago

Citation:

20-038 (10th Circuit, Jun 07,2021) Not Published

Case Status:

Reversed

Ruling:

The U.S. Bankruptcy appellate Panel of the Tenth Circuit (BAP) reversed the denial of two chapter 7 debtors’ exemption claim, pursuant to section 522 of the Code and New Mexico state law, in the...

Judge(s):

Michael E. Romero; Dale L. Somers; and Cathleen D. Parker

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Small Business
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 4003(b)
• 11 U.S.C. § 522

In re Mensonides Dairy LLC

• Summarized by Amir Shachmurove , Reed Smith LLP
• 2 years 3 months 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

In re Tribune Company

• Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
• 2 years 7 months ago

Citation:

18-2909 (3rd Circuit, Aug 26,2020) Published

Case Status:

Affirmed

Ruling:

Section 1129(b)(1) of the Bankruptcy Code supplants strict enforcement of subordination agreements among creditors, and reduction of less than one percent in the recovery to a dissenting class did...

Judge(s):

Ambro, Krause, and Bibas

Tag(s):

• 3rd Circuit
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Business Reorganization
• Unsecured Trade Creditors
• Section 1129(b)(1) and Section 510 (a)

Kaye v. Blue Bell Creameries, Inc.

• Summarized by Kathleen DiSanto , Bush Ross, P.A.
• 4 years 7 months ago

Citation:

17-13588 (11th Circuit, Aug 14,2018) Published

Case Status:

Reversed and Remanded

Ruling:

In reversing the decision of the bankruptcy court and concluding that new value need not remain unpaid, the Eleventh Circuit held that the statement in Jet Florida System indicating that new value...

Judge(s):

Martin, Circuit Judge, Julie Carnes, Circuit Judge, and Gilman, Circuit Judge

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Preferences
• Professional Practice Areas
• Unsecured Trade Creditors
• 547

Schepis v. Burtch (In re Pursuit Capital Management, LLC)

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 5 years 5 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

Case Status:

Affirmed

Ruling:

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

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Practice Areas
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 8007
• 11 U.S.C § 363

Avant Capital Partners, LLC v. Strathmore Development Co Michigan, LLC

• Summarized by J. Debbeler , Graydon Head & Ritchey LLP
• 5 years 8 months ago

Citation:

Sixth Circuit Case Nos. 16-2378/16-2418; File Name: 17a0400n.06 (6th Circuit, Jul 10,2017) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Sixth Circuit reversed District Court's addition of a related non-party to a judgment on account of alleged transfers to the non-party by a judgment debtor and determined that, under Michigan...

Judge(s):

Boggs, Clay and Sutton, Circuit Judges

Tag(s):

• 6th Circuit
• Practice and Procedure
• Finance and Banking
• Unsecured Trade Creditors
• N/A
• N/A

ABOVE-ALL TRANSPORTATION, INC. v FRAHER

• Summarized by William Amann , Amann Burnett, PLLC
• 6 years 2 weeks ago

Citation:

BAP No. MB 16-026 (MA BK Case No. 14-14241-MSH, Adv Pro No. 14-01201-MSH) (1st Circuit, Feb 21,2017) Not Published

Case Status:

Affirmed

Ruling:

Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...

Judge(s):

Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Executory Contracts/Leases
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Commercial Fraud
• Labor/Employment
• Small Business
• Unsecured Trade Creditors
• Rule 8009
• 11 U.S.C § 523
• § 727

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