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Gruver V Firetech, the Fire Technology People, Inc.

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 1 year 5 months ago
Citation:
23-1769 (3rd Circuit, Sep 26,2024) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit affirmed the District Court. 1. The Bankruptcy Court had proper jurisdiction even though the plan had already been confirmed and the dispute was not a core proceeding. Because...
Judge(s):
KRAUSE, BIBAS, and AMBRO, Circuit Judges
Tag(s):

Byrnes v. Byrnes (In re Byrnes)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 5 months ago
Citation:
No. 24-2015 (10th Circuit, Sep 17,2024) Not Published
Case Status:
Affirmed
Ruling:
A bankruptcy court imposed sanctions due to litigation conduct that was in bad faith, vexatious, and harassing. Specifically, the court dismissed an adversary proceeding brought by the plaintiff,...
Judge(s):
Holmes, Hartz, and Rossman
Tag(s):

XP CAPITAL, LLC V. ARGONAUT MANUF

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 1 year 5 months ago
Citation:
26-60033 (9th Circuit, Sep 16,2024) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court's dismissal of the plaintiff's complaint, though only on the failure to state a claim and not...
Judge(s):
Clifton, Collins, and Lee
Tag(s):

Cogan v. Trabucco

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 6 months ago
Citation:
No. 22-16948 (9th Circuit, Aug 21,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Ninth Circuit held a district court erred in dismissing a declaratory judgment action under the Rooker-Feldman doctrine. The appellant--counsel for bankruptcy...
Judge(s):
Smith, Bennett, Collins
Tag(s):

Scott v. The Children's Hospital of Philadelphia

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 6 months ago
Citation:
23-2609 & 23-2610 (3rd Circuit, Aug 20,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Third Circuit held a district court didn't abuse its discretion in dismissing the appellant's employment discrimination cases, without prejudice, based on judicial...
Judge(s):
Krause, Matey, Chung
Tag(s):

Rechnitz v. Schmidt

Citation:
23-20386 (5th Circuit, Aug 14,2024) Published
Case Status:
Affirmed
Ruling:
In this direct appeal, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the ruling of the U.S. Bankruptcy Court for the Southern District of Texas (BC) that the trustee for two...
Judge(s):
Kyle S. Duncan; Jennifer W. Elrod; and Irma C. Ramirez
Tag(s):

STATE OF MONTANA DEPARTMENT OF REV V TIMOTHY L. BLIXSETH

Citation:
22-60046 (9th Circuit, Aug 14,2024) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court cannot award an involuntary debtor relief under 11 U.S.C. § 303(i) against a State merely because it was a petitioning creditor. First, a State does not waive its Eleventh...
Judge(s):
Rawlinson, Melloy (8th Circuit, sitting by designation), and Thomas
Tag(s):

Delaney v. Messer (In re Delaney)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 6 months ago
Citation:
No. 23-434 (L) (2nd Circuit, Aug 08,2024) Published
Case Status:
Dismissed
Ruling:
For lack of appellate jurisdiction under 28 U.S.C. § 158(d)(1), the U.S. Court of Appeals for the Second Circuit dismissed a chapter 7 debtor's appeal of an order denying his motion to dismiss his...
Judge(s):
JACOBS, PARK, and NATHAN
Tag(s):

McIntyre v. Fangman, et al.

  • Summarized by Leo Weiss , Office of the U.S. Trustee
  • 1 year 7 months ago
Citation:
23-1048 (10th Circuit, Aug 02,2024) Not Published
Case Status:
Affirmed
Ruling:
McIntyre had business disputes with Fangman. After interpleading the amount he admitted owing in a state court, he filed a pro se Chapter 13 bankruptcy in which he challenged the state court's...
Judge(s):
Matheson, Eid and Carson
Tag(s):

McIntyre v. Active Energies Solar, et al.

Citation:
23-1052 (10th Circuit, Aug 02,2024) Published
Case Status:
Affirmed
Ruling:
Section 1334(d) of title 28 of the United States Code establishes that a Circuit Court of Appeals does not have jurisdiction to review a bankruptcy court's permissive abstention from hearing a...
Judge(s):
MATHESON, EID, and CARSON, Circuit Judges
Tag(s):

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