Now Updating
Harold Rosbottom, Jr. v. Gerald Schiff, et al

Summarizing by Aaron Kaufman

Schier v. Nathan (In re Capital Contracting Co.)

Summarizing by Samuel Henninger

Dean & Dean v. Lane (In re Lane)

Citation:
File Name: 19b0005p.06; No. 8-8042 (6th Circuit, Apr 29,2019) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit Bankruptcy Appellate Panel dismissed appeal by a creditor of an interim fee award granted to Debtor's counsel finding that: (i) the interim fee award was not a final order, and...
Judge(s):
BAP Judges Wise, Buchanan and Dales
Tag(s):

Fishback Nursery, Incorporated, et al v. PNC Bank

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):

Migrant Health Center, Inc. v. Commonwealth of Puerto Rico

Citation:
18-1783 (1st Circuit, Mar 21,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The automatic stay provision of the Puerto Rico Oversight, Management, and Economic Stability Act (section 362 incorporated through section 301(a), 48 U.S.C. section 2161(a)) applies to certain...
Judge(s):
Lynch, Thompson and Baron
Tag(s):

Terry Giese v. Lexington Coal Co. (In re HNRC Dissoultion Co.)

Citation:
18-5674 (6th Circuit, Jan 24,2019) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the rulings of the Bankruptcy Court and 6th Cir. BAP, (i) finding that jurisdiction existed for removal of the case from state court to the District Court (and referral...
Judge(s):
MERRITT, GUY, and MOORE
Tag(s):

Brace v. Speier (In re Brace)

Citation:
No. CC-18-1172-LSTa, 2019 WL 167783 (9th Circuit, Jan 11,2019) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Bankruptcy court correctly found debtor in contempt for a willful stay violation because debtor knew of the automatic stay and acted intentionally to violate it.
Judge(s):
Lafferty, Spraker, Taylor
Tag(s):

Meridian Capital v. Burton

Citation:
No. 18-40003, 2019 WL 101886 (5th Circuit, Jan 04,2019) Not Published
Case Status:
Affirmed
Ruling:
Because the tortious interference claim alleging a direct injury to the company's former CEO is not property of the estate, there is no basis for bankruptcy court jurisdiction.
Judge(s):
Wiener, Southwick, Costa
Tag(s):

IN RE: IMMC CORPORATION

Citation:
No. 18-1177 (3rd Circuit, Nov 28,2018) Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the orders of the Bankruptcy Court and District Court, finding, in part, that the Bankruptcy Court lacked jurisdiction to transfer the trustee’s...
Judge(s):
Shwartz, Roth, and Rendell, Circuit Judges
Tag(s):

In re Tribune Media, Co., et al.

Citation:
Case No. 17-2449, Third Circuit Court of Appeals (3rd Circuit, Sep 05,2018) Published
Case Status:
Affirmed
Ruling:
The Third Circuit affirmed the lower courts' rulings that the bankruptcy court had statutory and constitutional jurisdiction to disallow a claimant's hostile workplace and wrongful termination...
Judge(s):
Ambro, Scirica and Siler
Tag(s):

Moti Partners, LLC v. Desert Palace, Inc. (In re Caesars Entertainment Operating Co., Inc.)

Citation:
BAP No. NV-17-1386-LBTa (9th Circuit, Aug 20,2018) Published
Case Status:
Dismissed
Ruling:
BAP for 9th Cir. dismissed appeal for lack of subject matter jurisdiction based on 28 USC 1447(d)'s prohibition against appellate review of remand orders. Bankruptcy court's (D. Nev.) reasoning...
Judge(s):
Lafferty, Brand, and Taylor
Tag(s):

Adams v. Newport Crest Homeowners Assoc., Inc.

Citation:
BAP No. CC-17-1224-KuFS (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (CD Cal.) granting summary judgment to creditor on 11 USC 523 claim and claim of setoff and recoupment. Under...
Judge(s):
Kurtz, Faris, Spraker
Tag(s):

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