In re: Fundamental Long Term Care, Inc

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 week 19 hours ago

Citation:

21-10587 (11th Circuit, Sep 18,2023) Published

Case Status:

Affirmed

Ruling:

A lawyer is not disqualified from representing a bankruptcy trustee solely because the firm acted as outside general counsel to a company that had been voluntarily dismissed as a defendant from...

Judge(s):

LAGOA, BRASHER, and TJOFLAT, Circuit Judges

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Professional Compensation/Fees
• 2014
• 327(a)

In re: KAULI SAILI, JR.,

• Summarized by Jaden Banks , US Bankruptcy Court, Eastern District of Missouri
• 1 week 2 days ago

Citation:

22-3268 (10th Circuit, Sep 18,2023) Published

Case Status:

Affirmed

Ruling:

The Tenth Circuit Court of Appeals affirmed the District Court of Kansas's grant of summary judgment against Kauli Saili Jr, (the "Plaintiff"), holding that judicial estoppel prevented the...

Judge(s):

Hartz, Tymkovich, Matheson

Tag(s):

• 10th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy

In re: ORCHID CHILD PRODUCTIONS, LLC

• Summarized by Benjamin Fischer , U.S. Bankruptcy Court, District of New Jersey
• 2 weeks 4 days ago

Citation:

BAP No. CC-23-1011 FLS; Bk. No. 2:20-bk-21080-RK (9th Circuit, Sep 07,2023) Not Published

Case Status:

Affirmed

Ruling:

A Ninth Circuit BAP affirmed a decision of the bankruptcy court. The court reasoned that the production company's state law contract claim was a core proceeding because it concerned the...

Judge(s):

Faris, Lafferty, & Spraker

Tag(s):

• 9th Circuit
• Asset Sales
• Automatic Stay
• Claims
• 11 U.S.C § 362; 28 U.S.C. § 157

In re: Larisa Ivanovna Markus

• Summarized by Amir Shachmurove , Reed Smith LLP
• 3 weeks 5 days ago

Citation:

21-2238 (2nd Circuit, Aug 30,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit affirmed two orders of the U.S. District Court for the Southern District of New York (DC) finding that the district's bankruptcy court (BC)...

Judge(s):

Dennis Jacobs; Denny Chin; and Beth Robinson

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Business Reorganization

In re TransCare Corporation

• Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
• 3 weeks 5 days ago

Citation:

21-2547, 21-2576 (2nd Circuit, Aug 28,2023) Published

Case Status:

Affirmed

Ruling:

The Second Circuit held that in determining damages under section 548 the "value of the property" avoided is going concern value and not liquidation value.

Judge(s):

Circuit Judges Nathan, Menashi and Merriam with Judge Menashi dissenting

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Fraud
• Fraudulent Transfers
• Valuation

Elam v. Nationstar Mortg., LLC (In re Elam)

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
• 4 weeks 15 hours ago

Citation:

22-8012 (6th Circuit, Aug 29,2023) Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel for the Sixth Circuit affirmed an order dismissing the pro se debtor’s complaint for lack of jurisdiction in her reopened bankruptcy case. The Panel agreed with...

Judge(s):

Bauknight, Dales, Gustafson

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 554

In re: SVENHARD’S SWEDISH BAKERY

• Summarized by Benjamin Fischer , U.S. Bankruptcy Court, District of New Jersey
• 3 weeks 4 days ago

Citation:

BAP No. EC-23-1001-GLB; Bk. No. 19-15277 (9th Circuit, Aug 29,2023) Published

Case Status:

Affirmed

Ruling:

A 9th Circuit BAP affirmed an opinion of the Bankruptcy Court for the Eastern District of California holding that a settlement agreement with a pension fund is not an executory contract because the...

Judge(s):

Gan, Lafferty, and Brand

Tag(s):

• 9th Circuit
• Executory Contracts/Leases
• Business Reorganization
• 11 U.S.C. § 365

Rodgers, Powers & Schwartz, LLP v. Minkina (In re Minkina)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 month 3 days ago

Citation:

No. 22-1624 (1st Circuit, Aug 24,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the First Circuit held a bankruptcy court did not err in calculating a Massachusetts debtor's tenancy by the entirety interest in property for purposes of the formula...

Judge(s):

Barron, Howard, and Montecalvo

Tag(s):

• 1st Circuit
• Practice and Procedure
• Valuation
• Consumer Bankruptcy
• 11 U.S.C. § 522(a)(2)
• 11 U.S.C. § 522(f)(2)(A)

Pitman Farms v. ARKK Food Co., LLC (In re Simply Essentials, LLC)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 month 5 days ago

Citation:

No. 22-2011 (8th Circuit, Aug 21,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Eighth Circuit affirmed a bankruptcy court's order permitting a chapter 7 trustee to sell chapter 5 avoidance actions as property of the debtor's estate.

Judge(s):

Smith, Melloy, and Erickson

Tag(s):

• 8th Circuit
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure
• Fed. R. Bankr. P. 9019(b)
• 11 U.S.C. § 363(f)
• 11 U.S.C. § 541(a)

In re: BRENT EVAN WEBSTER

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 month 1 week ago

Citation:

BAP No. OR-23-1005-LBG (9th Circuit, Aug 16,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's order denying a debtor's motion to reopen his chapter 13 bankruptcy case because (1) a dismissed bankruptcy...

Judge(s):

LAFFERTY, BRAND, and GAN

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Practice and Procedure
• Consumer Bankruptcy
• Fed. R. Bankr. P. 9024
• 11 U.S.C. § 350
• 11 U.S.C. § 1322(a)(2)

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