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

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 week 6 days ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure

Nabors Offshore Corporation v. Whistler Energy II, LLC

• Summarized by Aaron Kaufman , Dykema Gossett PLLC
• 2 weeks 6 days ago

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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Claims
• Executory Contracts/Leases
• 4001
• 9014
• 503
• 365

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

• Summarized by J Newman , Newman & Newman
• 2 months 2 weeks ago

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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• SEC Issues
• 11 USC 502(d)
• 11 USC 510(c)
• 544
• 11 U.S.C. § 548(a)(1)(A) and (B)
• 11 U.S.C. § 547
• and 11 U.S.C § 550

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

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 months 6 days ago

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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 330(a)
• 503(b)

Carey Ebert v. Michael Gustin

• Summarized by Stephen Starks , Phelan Hallinan Diamond & Jones PLLC
• 3 months 2 weeks ago

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):

• 5th Circuit
• Practice and Procedure
• Commercial Fraud

Limor v. Anderson (In re Scarbrough)

• Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
• 4 months 2 weeks 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):

• 6th Circuit
• Bankruptcy Litigation
• Consumer Bankruptcy

Badea v. Schwartzer (In re Badea)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 5 months 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):

• 9th Circuit
• Bankruptcy Process and Procedure

United Bank v. Buckingham

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 5 months 3 weeks ago

Citation:

No. 18-1411, 2019 WL 855326 (4th Circuit, Feb 21,2019) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

District court applied the unclean hands doctrine too broadly in barring the claims of an unsecured creditor.

Judge(s):

King, Keenan, Quattlebaum

Tag(s):

• 4th Circuit
• Insurance

Aurelius Investments, LLC v. Commonwealth of Puerto Rico

• Summarized by David Baker , Law Office of David G. Baker
• 6 months 19 hours 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):

• 1st Circuit
• Puerto Rico
• N/A
• N/A

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

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 6 months 2 weeks ago

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):

• 1st Circuit
• Bankruptcy Process and Procedure
• Claims
• Puerto Rico
• Uniform Commercial Code/Article 9
• 11 U.S.C. 544;(a); 11 U.S. 552

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