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Summarizing by Paris Gyparakis

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GMAG v. Janvey

Citation:
22-10429 & 22-10235 (5th Circuit, Mar 20,2024) Published
Case Status:
Affirmed
Ruling:
In this non-bankruptcy opinion, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Northern District of Texas (DC) not to award a...
Judge(s):
Leslie H. Southwick; James L. Dennis; and Carl E. Stewart
Tag(s):

Weinhoffer v. Davie Shoring

Citation:
23-30566 (5th Circuit, Mar 19,2024) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the judgment in favor of a seller, Offshore Specialty Fabricators, LLC (Seller), who had sued the highest bidder at auction for...
Judge(s):
Don Willett; Cory T. Wilson; and Irma Carrillo Ramirez
Tag(s):

Carmichael v. Balke

  • Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
  • 2 years 4 months ago
Citation:
22-20430 (5th Circuit, Oct 06,2023) Not Published
Case Status:
Affirmed
Ruling:
In litigation that spanned many years, the 5th Circuit held that post-judgment interest, pursuant to 28 USC Sec. 1961(a),(c)(4) [applicable to bankruptcy courts as units of the district courts],...
Judge(s):
Ho, Oldham and Douglas
Tag(s):

In re TransCare Corporation

  • Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
  • 2 years 5 months ago
Citation:
21-2547, 21-2576 (2nd Circuit, Aug 28,2023) Published
Case Status:
Affirmed
Ruling:
The Second Circuit held that in determining damages under section 548 the "value of the property" avoided is going concern value and not liquidation value.
Judge(s):
Circuit Judges Nathan, Menashi and Merriam with Judge Menashi dissenting
Tag(s):

Rodgers, Powers & Schwartz, LLP v. Minkina (In re Minkina)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 6 months ago
Citation:
No. 22-1624 (1st Circuit, Aug 24,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the First Circuit held a bankruptcy court did not err in calculating a Massachusetts debtor's tenancy by the entirety interest in property for purposes of the formula...
Judge(s):
Barron, Howard, and Montecalvo
Tag(s):

Albaad USA, Inc. v. GPMI, Co. (In re: GPMI, Co.)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 8 months ago
Citation:
BAP No. AZ-22-1231-CLB (9th Circuit, Jun 21,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's order confirming a debtor/appellee's chapter 11 plan over objections by an appellant/unsecured creditor. The...
Judge(s):
CORBIT, LAFFERTY, and BRAND
Tag(s):

In re: MACHELE L. GOETZ

Citation:
22-6009 (8th Circuit, Jun 01,2023) Published
Case Status:
Affirmed
Ruling:
Affirming the denial of the motion to compel abandonment of the estate's interest in her home by Machele Goetz (Goetz) by the U.S. Bankruptcy Court for the Western District of Missouri (BC), the...
Judge(s):
Shon Hastings; Michael E. Ridgway; and Anita L. Shodeen
Tag(s):

IN RE: MARY E. BUSCONE, d/b/a FroYo To Go,

Citation:
22-9001 (1st Circuit, Feb 22,2023) Published
Case Status:
Affirmed
Ruling:
Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...
Judge(s):
O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch
Tag(s):

In re: METAL RECOVERY SOLUTIONS, INC

Citation:
22-1081 (9th Circuit, Jan 17,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Nevada (BC) sustaining the objection of Geo-Logic Associates,...
Judge(s):
Julia W. Brand; Robert J. Faris; and William J. Lafferty III
Tag(s):

In re: STEPHEN WILLIAM SLOAN

  • Summarized by Michael Holmes , Grant, Konvalinka & Harrison, PC
  • 3 years 2 months ago
Citation:
BAP No. EC-22-1119-BSG; Bk. No. 20-10809 (9th Circuit, Dec 15,2022) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not err overruling Debtor's objection to claim because the Debtor was bound by an earlier agreement with Secured Creditor for the amount of post-petition interest and late...
Judge(s):
BRAND, SPAKER, and GAN
Tag(s):

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