Home » Affirmed in part and Reversed in part

Limor v. Anderson (In re Scarbrough)

  • Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
  • 2 weeks 5 days ago
Citation:
18-8028, 2019 WL 1418698 (6th Circuit, Mar 28,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Summary Judgment incorrectly entered in action to avoid constructively fraudulent transfer where there were issues of material fact as to whether Debtor was insolvent as of date of the transfer.
Judge(s):
Buchanan, Dales and Opperman
Tag(s):

Badea v. Schwartzer (In re Badea)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 1 month 2 weeks ago
Citation:
BAP No. NV-18-1183-BKuTa (9th Circuit, Mar 05,2019) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Ninth Circuit BAP affirmed bankruptcy court order sanctioning chapter 7 debtor for suing chapter 7 trustee, without bankruptcy court approval, based upon the Barton doctrine, but reversed and...
Judge(s):
Brand, Kurtz, and Taylor
Tag(s):

Aurelius Investments, LLC v. Commonwealth of Puerto Rico

  • Summarized by David Baker , Law Office of David G. Baker
  • 1 month 4 weeks ago
Citation:
18-1671, 18-1746, 18-1787 (1st Circuit, Feb 15,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The members of the PROMESA board ARE subject to the Appointments Clause so the structure of the Board as it presently exists is unconstitutional. The court ordered the constitutionally-offending...
Judge(s):
Torruella (author), Thompson and Kayatta
Tag(s):

Altair Global Credit Opp. v Employees Retirement System (In re Oversight and Management Board for Puerto Rico)

Citation:
18-1836; 18-1837; 18-1841; 18-1855; 18-1858; 18-1868; (1st Circuit, Jan 30,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Court of Appeals agreed with the holding that the 2008 Financing Statements did not perfect the Bondholders' security interest in the Pledged Property, but determined that Bondholders met the...
Judge(s):
Lynch, Stahl and Kayatta
Tag(s):

Brace v. Speier (In re Brace)

  • Summarized by Samuel Henninger , University of Tennessee College of Law
  • 2 months 3 weeks ago
Citation:
No. CC-18-1172-LSTa, 2019 WL 167783 (9th Circuit, Jan 11,2019) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Bankruptcy court correctly found debtor in contempt for a willful stay violation because debtor knew of the automatic stay and acted intentionally to violate it.
Judge(s):
Lafferty, Spraker, Taylor
Tag(s):

IN RE: Green Jacobson, P.C.

  • Summarized by Samuel Henninger , University of Tennessee College of Law
  • 3 months 1 week ago
Citation:
No. 18-1134, 2018 WL 6815727 (8th Circuit, Dec 28,2018) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
8th Circuit affirmed dismissal by bankruptcy court (E.D. Mo.) of plaintiff's claim for disgorgement because no disgorgement had been ordered in the underlying class action. Thus, the bankruptcy...
Judge(s):
Loken, Benton, Shepherd
Tag(s):

BUNKER HOLDINGS LTD. v YANG MING LIBERIA CORP

  • Summarized by Lars Fuller , BakerHostetler
  • 5 months 4 weeks ago
Citation:
No. 16-35539 (9th Circuit, Oct 11,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. affirmed in part and reversed in part district court's (WD Wa.) summary judgment in favor of defendant vessel owner in bunker supplier's (marine fuel) suit for payment based on maritime...
Judge(s):
Smith, Watford, Rayes
Tag(s):

AMERICAN AIRLINES, INC. v. MAWHINNEY

  • Summarized by Lars Fuller , BakerHostetler
  • 6 months 3 weeks ago
Citation:
16-56643 (9th Circuit, Sep 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. affirmed in part and reversed in part ruling of district court (SD Cal.). 9th Circuit agreed employer did not waive right to arbitrate by waiting to seek to compel arbitration. Private...
Judge(s):
Berzon, Smith, Castel
Tag(s):

RUBIN v. UNITED STATES OF AMERICA

  • Summarized by Lars Fuller , BakerHostetler
  • 6 months 3 weeks ago
Citation:
No. 16-56633 (9th Circuit, Sep 24,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Circuit affirmed in part, reversed in part, and remanded district court (CD Cal.) judgment in favor of the US (IRS) in suit for tax refund by taxpayer based on return filed by bankruptcy...
Judge(s):
Clifton, Callahan, Hoyt
Tag(s):

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