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Mark DeGiacomo v. Sacred Heart Univeristy (In re Palladino)

Summarizing by Bradley Pearce

In re Joseph and Judith Wilczak

Summarizing by Lars Fuller

In re Health Care Real Estate Partners

Citation:
18-3267 (3rd Circuit, Oct 22,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court does not have authority to prohibit a debtor from bringing a claim for damages under 11 U.S.C. § 362(k). Section 362(k) creates a private cause of action.
Judge(s):
CHAGARES, GREENAWAY, JR., and GREENBERG
Tag(s):

Gloria Penn v. Mary Viegelahn (In re Gloria Penn)

Citation:
18-51055 (5th Circuit, Oct 09,2019) Not Published
Case Status:
Reversed and Rendered
Ruling:
The Chapter 13 debtor's appeals were dismissed as MOOT because the bankruptcy court's orders denying confirmation of her chapter 13 plan and dismissing the petition were not final, appealable...
Judge(s):
Clement, Elrod, Duncan (per curiam)
Tag(s):

CAMPBELL V. US

Citation:
2018-2014 (Federal Circuit, Aug 01,2019) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals for the Federal Circuit confirmed the dismissal of the complaint because of lack of jurisdiction and, because, as to the claims alleging coercion, the statute of limitations...
Judge(s):
Newman, Lourie and Dyk
Tag(s):

United States v. Thomas Thompson

Citation:
No. 17-4264; File Name: 19a01107p.06 (6th Circuit, May 29,2019) Published
Case Status:
Affirmed
Ruling:
Sixth Circuit affirmed the District Court's denial of a motion to terminate a defendant's civil-contempt sanctions in accordance with U.S.C. Section 1826. The Sixth Circuit found that because the...
Judge(s):
Moore, Clay and Donald, Circuit Judges
Tag(s):

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

Citation:
No. 18-2219, 2019 WL 2183203 (6th Circuit, May 21,2019) Published
Case Status:
Affirmed
Ruling:
Lawyer failed to establish Article III standing to appeal bankruptcy court's order approving trustee's final report because lawyer failed to show that it suffered an injury in fact.
Judge(s):
Moore, Sutton, Murphy
Tag(s):

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):

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