Frank Jakubaitis v. Padilla, Golden and Marshcack (In re Jakubaitis)

Citation:
BAP No. CC-18-1067-SFL (9th Circuit, Jul 22,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The pyschotherapist-patient privilege is limited to communications between a witness and his or her psychotherapist. A witness who claims to be unable to give accurate testimony because he or she...
Judge(s):
SPRAKER, FARIS, and LAFFERTY
Tag(s):

Nabors Offshore Corporation v. Whistler Energy II, LLC

Citation:
18-30940 (5th Circuit, Jul 26,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
When can post-rejection damages be allowed as administrative expenses? The Court clarified: Claimant can prove "necessity" through "evidence of either a direct request from the...
Judge(s):
Higginson, Owen, Southwick
Tag(s):

Life Partners Creditors' Trust, et al v. James Sun

Citation:
No. 17-11477 (5th Circuit, May 31,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
AFFIRM the district court’s judgment of dismissal as to Counts 5, 8, 11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND
Judge(s):
ELROD, HIGGINSON, and ENGELHARDT, Circuit Judges
Tag(s):

Thomas McBride, et al v. Sharon Riley, et al (In re Sharon Boyd Riley)

Citation:
18-30535 (5th Circuit, May 13,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The bankruptcy court's interpretation of its own standing order regarding "no-look" compensation to Chapter 13 debtors' attorneys was reasonable. The standing order's deletion of a provision...
Judge(s):
REAVLEY, ELROD and WILLETT
Tag(s):

Carey Ebert v. Michael Gustin

Citation:
18-10382 (5th Circuit, Apr 30,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Chapter 11 Trustee lacked Article III standing to pursue a claim where the Debtor actually benefited from the alleged fraud/negligence and the Debtor did not suffer an injury.
Judge(s):
Barksdale, Southwick and Haynes
Tag(s):

Limor v. Anderson (In re Scarbrough)

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)

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

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):

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