IN RE: JOSEPH C SHEEHAN

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 2 months ago

Citation:

21-2946 & 21-2954 (7th Circuit, Sep 07,2021) Published

Case Status:

Affirmed

Ruling:

A bankruptcy court's in rem jurisdiction is insufficient to establish personal jurisdiction over foreign defendants, and the automatic stay of 11 U.S.C. § 362(a) is unenforceable if the bankruptcy...

Judge(s):

RIPPLE, ROVNER, and KIRSCH

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Venue/Jurisdiction
• 7012 (Fed. R. Civ. P. 12(b)(2))
• 362(a)

IN RE: JOSEPH C. SHEEHAN

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 2 months ago

Citation:

21-2946 & 21-2954 (7th Circuit, Sep 07,2022) Published

Case Status:

Affirmed

Ruling:

Agreeing with the U.S. Bankruptcy and District Courts for the Northern District of Illinois (BC and DC), the U.S. Court of Appeals for the Seventh Circuit found bankruptcy in rem jurisdiction...

Judge(s):

Kenneth F. Ripple; Ilana K.D. Rovner; and Thomas L. Kirsch II

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Finance and Banking
• International Insolvency
• Lender Liability
• Real Estate
• Fed. R. Bankr. P. 7012
• 11 U.S.C § 362

In Re: NATHAN AARON FORREST, MARSHA WEIDMAN FORREST

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 3 months ago

Citation:

21-12133 (11th Circuit, Aug 31,2022) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court order dismissing a creditor's amended pleading upon concluding that § 523(a)(4) does not except debts of a trustee...

Judge(s):

Charles R. Wilson; Elizabeth L. Branch; and Barbara Lagoa

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Agriculture/PACA
• Finance and Banking
• Lender Liability
• Retail
• Small Business
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 7001(6)
• 11 U.S.C. § 523(a)(4)

In re: ESSAR STEEL MINNESOTA, LLC; ESML HOLDINGS, INC.

• Summarized by Michael Myers , Ballard Spahr LLP
• 1 year 3 months ago

Citation:

3rd Cir. No. 20-3002 (3rd Circuit, Aug 25,2022) Published

Case Status:

Reversed and Remanded

Ruling:

The Third Circuit Court of Appeals reversed the bankruptcy court's decision (certified directly from the U.S. District Court) that the bankruptcy court did not have jurisdiction over the debtor's...

Judge(s):

AMBRO, KRAUSE, and BIBAS

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Financial Advisors
• Plan Confirmation
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• 28 U.S.C. § 1334; 28 U.S.C. § 157(b)(1)

NexPoint v. Highland Capital Management

• Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
• 1 year 3 months ago

Citation:

21-10449 (5th Circuit, Aug 19,2022) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The Fifth Circuit declined to invoke equitable mootness, as its review would not "affect the rights of parties not before the Court or the success of the plan." The Court then rejected the...

Judge(s):

Before Weiner, Graves, and Duncan, Circuit Judges. Stuart Kyle Duncan, Circuit Judge, authored the opinion.

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Creditors' Committee
• Financial Advisors
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Turnaround Issues
• Unsecured Trade Creditors

In re: DEVORE STOP, a General Partnership, Debtor

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 3 months ago

Citation:

CC-21-1226-LST (9th Circuit, Aug 16,2022) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the ruling of the U.S. Bankruptcy Court for the Central District of California (BC) that found no bankruptcy court jurisdiction...

Judge(s):

William J. Lafferty III; Gary A. Spraker; and Laura S. Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Real Estate
• Retail
• Small Business
• Fed. R. Bankr. P. 7001; Fed. R. Bankr. P. 7012(b)
• 11 U.S.C § 541; 28 U
• S.C. § 1334(b); 28 U.S.C § 157(b)

In re Anders Rydholm

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 3 months ago

Citation:

20-3425 (8th Circuit, Aug 16,2022) Published

Case Status:

Affirmed

Ruling:

Two judges of the U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the dismissal by the U.S. District Court for the District of Minnesota (DC) of a complaint filed by Anders Rydholm...

Judge(s):

Ralph R. Erickson; Michael J.. Melloy; and Jonathan A. Kobes

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability

In re- YOSHIHIRO TAJIMA and TOMOKO NAKAJIMA

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 3 months ago

Citation:

CC-21-1249 (9th Circuit, Aug 15,2022) Not Published

Case Status:

Reversed and Remanded

Ruling:

In this appeal by Swarnjit Singh Sahni (CR), a creditor, of the order confirming the first amended chapter 13 plan (Plan), as filed by Yoshihiro Tajima and Tomoko Nakajima (DRs), by the U.S....

Judge(s):

Laura S. Taylor; William J. Lafferty III; and Scott H. Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Practice and Procedure
• Valuation
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Finance and Banking
• Real Estate
• Fed. R. Bankr. P. 7052; Fed. R. Bankr. P. 9014
• 11 U.S.C § 502(c); 11 U.S.C § 1322(a); 11 U.S.C § 1322(b)(2); 11 U.S.C § 1325(a)(1); 11 U.S.C § 1325(a)(5); 11 U.S.C § 1325(a)(6); 11 U.S.C § 1329(b)(1)

In re GenOn Mid-Atlantic Development, L.L.C.

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
• 1 year 4 months ago

Citation:

21-20557 (5th Circuit, Jul 29,2022) Published

Case Status:

Affirmed

Ruling:

Finding that the district court had jurisdiction and that abstention was not required, the Court entered a take-nothing judgment on an investment bank's breach of warranty claims against the...

Judge(s):

Smith, Wiener, and Southwick

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Executory Contracts/Leases
• Venue/Jurisdiction
• 7012
• 7056

In re DOUGLAS A. KELLEY

• Summarized by Amir Shachmurove , Reed Smith LLP
• 1 year 4 months ago

Citation:

21-2850 (7th Circuit, Jul 21,2022) Published

Case Status:

Affirmed

Ruling:

Years after Douglas Kelley (TR), liquidating trustee for Petters Company, Inc.,, secured a default judgment against Capital Strategies Fund, Ltd. (CS), a recipient of funds from the “infamous”...

Judge(s):

Amy J. St. Eve; Michael B. Brennan; and Michael Y. Scudder

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Financial Advisors
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Investment Banking
• Lender Liability
• Mass Torts
• Retail
• Small Business
• Fed. R. Civ. P. 7001
• 11 U.S.C. § 362(k)(1); 11 U.S.C. § 542; 11 U.S.C. § 543

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