AFFIRMED bankruptcy court's injunctive relief, concluding that post-confirmation jurisdiction existed, and that the prior settlement order barred the defendant (Galaz) from pursuing claims against...
Rhino Energy LLC, et al. v. C.O.P Coal Dev. Co., et al. (In re C.W. Mining Co.), Case No. 15-4108 (10th Cir. September 16, 2016).
Ruling:
A District Court’s order is not final if it remands a case to the Bankruptcy Court for significant further proceedings and thus, the 10th Circuit does not have appellate jurisdiction. To qualify...
Rindlesbach v. Jones, et al. (In re Rindlesbach), Case No. 15-4088 (10th Cir. August 30, 2016). Unpublished
Ruling:
A person must be aggrieved by a bankruptcy court order to be able to seek appellate review of that order and to be aggrieved, that person’s rights or interests must be directly and adversely...
Summarized by David Banker , Womble Bond Dickinson (US) LLP
9 years 8 months ago
Citation:
No. 15-2622, 3d Cir. Aug. 29, 2016
Ruling:
Section 303(i) of the Bankruptcy Code allows a former debtor to seek costs, attorneys' fees, and damages against a petitioning creditor, where a court dismisses an involuntary bankruptcy petition. ...
In re Ferguson, No. 15-3093 (7th Cir. August 23, 2016) (unpublished)
Ruling:
In the bankruptcy context, an appeal lacks jurisdiction when a case is remanded deciding only an issue without resolving the underlying dispute, because such decision is not final.
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. CC-16-1042-FDKu (Aug. 8, 2016)
Ruling:
Judicial estoppel precluded a debtor that had argued in response to a motion to convert or dismiss its case that it was a business trust eligible to file for bankruptcy protection from subsequently...
Flanders v. Lawrence, et al. (In re Flanders), Case No. 15-1327 (10th Cir. August 5, 2016) Unpublished
Ruling:
The Rooker-Feldman doctrine bars a Federal Court from hearing claims that collaterally attack state court judgments but does not bar claims raised and decided in the State Court from being raised...
The District Court properly exercised its discretion in entering (1) a default judgment in the amount of $8,136,222.60 as a discovery sanction against Defendants after two years of their repeated...
Lane v. Lane, et al., Case No. 15-8092 (10th Cir. May 10, 2016).
Ruling:
Claims of fraud against a bankruptcy estate are statutory causes of action belonging to the trustee, not to the bankrupt, and the trustee asserts them for the benefit of the bankrupt’s creditors,...
