Ali v. Azhar Chaudhary

• Summarized by Aaron Kaufman , Gray Reed LLP
• 4 weeks 19 hours ago

Citation:

No. 23-20362 (consolidated with 23-20464, 23-20498, and 23-20507) (5th Circuit, Dec 09,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Court of Appeals affirmed, in part, dismissed the debtor/co-defendants' appeals for lack of standing, and reversed and remanded, in part. Case remanded to the bankruptcy court to consider whether...

Judge(s):

Smith, Clement, Higginson

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Real Estate
• 7001
• 541

Fin. Oversight & Mgmt. Bd. v. U.S. Bank N.A. (In re Fin. Oversight & Mgmt. Bd.)

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

Citation:

23-2036, 23-2049, 23-2050, 23-2052, 23-2053, 23-2054, 23-2057 (1st Circuit, Nov 13,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Circuit Court for the First Circuit held (1) parties holding revenue bonds issued by the Puerto Rico Electric Power Authority (PREPA) have a non-recourse claim on PREPA's estate for the...

Judge(s):

Kayatta, Howard, and Rikelman

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Claims
• Puerto Rico
• 11 U.S.C. § 101(5); 11 U.S.C. § 362(a); 11 U.S.C. § 502(c)(1)-(2);1 U.S.C. § 506(a)(1); 11 U.S.C. § 544(a); 11 U.S.C. § 547(b)
• (e)(3); 11 U.S.C. 552(a)
• (b)(1); 11 U.S.C. § 902(2)(A); 11 U.S.C. § 926(b); 11 U.S.C. § 927; 11 U.S.C. § 928(b); 11 U.S.C. § 1111(b)

Wells Fargo Bank V The Hertz Corporation, et al.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 months 3 weeks ago

Citation:

23-1169 (3rd Circuit, Sep 10,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Regardless of how they are defined or computed under the applicable contracts, make-whole fees are interest and subject to disallowance under 11 U.S.C. § 502(b)(2). However, a debtor cannot...

Judge(s):

KRAUSE, PORTER, and AMBRO, Circuit Judges

Tag(s):

• 3rd Circuit
• Professional Practice Areas
• Business Reorganization
• 502(b)(2)
• 1129(b)

Reyes-Colon v. Banco Popular de Puerto Rico District Court of Puerto Rico, San Juan

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 5 months 4 days ago

Citation:

22-1706 and 22-1715 (1st Circuit, Aug 01,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

On the first case, the Court concluded that the bankruptcy court had jurisdiction over the fee motion but that the fee motion was untimely, and accordingly, the Court affirmed. As to the second...

Judge(s):

Barron, Kayatta and Montecalvo

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Professional Compensation/Fees
• 11 U.S.C. § 303(i)
• 11 U.S.C. § 303(b)(1)-(2)

Crabtree v. Allstate Property

• Summarized by Bradley Pearce , Pearce Law PLLC
• 5 months 2 weeks ago

Citation:

23-60537 (5th Circuit, Jul 18,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The Fifth Circuit certified to the Mississippi Supreme Court the narrow issue of whether the Mississippi champerty statute (Miss. Code Ann. § 97-9-11) voids the assignment of a cause of action...

Judge(s):

Smith, Wiener, and Douglas, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Claims
• Practice and Procedure

Ricky Hughes v. Wisconsin Central, Ltd.

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 6 months 6 days ago

Citation:

23-1410 (8th Circuit, Jun 25,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Court of Appeals for the Eighth Circuit (Circuit) held that Ricky Hughes (DR), a former chapter 13 debtor whose first plan payment dated nearly 10 years earlier, had the standing to...

Judge(s):

Ralph R. Erickson; Michael J. Melloy; and David Stras

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Debt
• Professional Practice Areas
• 11 U.S.C. § 554(d); 11 U.S.C. § 1322(d)(1); 11 U.S.C. § 1327(b); 11 U.S.C. § 1329(a)

Trinity High Sch., Inc. v. Sanderfer (In re Sanderfer)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 7 months 2 weeks ago

Citation:

No. 23-8023 (6th Circuit, May 24,2024) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Bankruptcy Appellate Panel of the Sixth Circuit held a bankruptcy court erred in granting summary judgment to a debtor/appellee on a creditor/appellant's claim to except a debt from her...

Judge(s):

BAUKNIGHT, GREGG, and STOUT

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Discharge/Dischargeability
• Fed. R. Bankr. P. 7056
• 11 U.S.C. § 523(a)(8)

Weinhoffer v. Davie Shoring

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 9 months 2 weeks ago

Citation:

23-30566 (5th Circuit, Mar 19,2024) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the judgment in favor of a seller, Offshore Specialty Fabricators, LLC (Seller), who had sued the highest bidder at auction for...

Judge(s):

Don Willett; Cory T. Wilson; and Irma Carrillo Ramirez

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure
• Valuation
• Small Business
• 11 U.S.C § 363

In re: BLACK IRON

• Summarized by Jaden Banks , Nyemaster Goode P.C.
• 1 year 2 weeks ago

Citation:

21-04116, D.C. No. 2:18-CV-00962-BSJ (10th Circuit, Dec 18,2023) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The Tenth Circuit Court of Appeals affirmed the Bankruptcy Court and District Court for the District of Utah's determination that under Utah law, the Debtor, through its predecessor in interest,...

Judge(s):

BACHARACH, BALDOCK, and EBEL

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Professional Practice Areas
• Business Reorganization

Kenneth Pettine v. Joli Lofstedt

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 1 month ago

Citation:

23-013 (10th Circuit, Nov 15,2023) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

In this challenge by Kenneth Pettine (DR), a chapter 7 debtor, of the decision of the U.S. Bankruptcy Court for the District of Colorado (BC) granting the motion by a trustee (TR) for a charging...

Judge(s):

Robert H. Jacobvitz; Dale L. Somers; and Janice Loyd

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Finance and Banking
• Small Business
• 11 U.S.C § 544(a)(1); 11 U.S.C § 554(b)

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