Home » Affirmed in part and Reversed in part

In re ResCap Liquidating Trust

  • Summarized by Robert Holley , Bankruptcy Court Western District of Missouri
  • 4 days 11 hours ago
Citation:
21-2139 (8th Circuit, Feb 02,2023) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Given that RFC's bankruptcy settlements were reasonable and entered into in good faith, the Eighth Circuit affirmed most of the judgment. The court agreed that the Client Guide granted RFC the...
Judge(s):
Loken, Colloton, Sheperd
Tag(s):

Ogle v. Morgan, et al

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
  • 3 months 4 weeks ago
Citation:
20-10908 (5th Circuit, Oct 07,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fifth Circuit affirmed dismissal of the constructive fraud claims related to the settlement releases because the Delaware judgment established that reasonably equivalent value was given in...
Judge(s):
Jones and Southwick
Tag(s):

NexPoint v. Highland Capital Management

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 5 months 2 weeks ago
Citation:
21-10449 (5th Circuit, Aug 19,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fifth Circuit declined to invoke equitable mootness, as its review would not "affect the rights of parties not before the Court or the success of the plan." The Court then rejected the...
Judge(s):
Before Weiner, Graves, and Duncan, Circuit Judges. Stuart Kyle Duncan, Circuit Judge, authored the opinion.
Tag(s):

In re- ARA ERIC HUNANYAN

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 6 months 1 day ago
Citation:
CC_21-1224-SGF (9th Circuit, Jul 26,2022) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying recusal as well as the court's order granting defendants' motion to dismiss plaintiff debtor's adversary...
Judge(s):
Gary A. Spraker; Scott H. Gan; and Robert J. Faris
Tag(s):

AURIGA POLYMERS INC v PMCM2 LLC

Citation:
20-14647 (11th Circuit, Jul 18,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a case of first impression, the Eleventh Circuit held that a creditor's new value defense available under section 547(c)(4)(B) of the Bankruptcy Code is not offset by "otherwise unavoidable...
Judge(s):
Wilson and Lagoa, Circuit Judges and Martinez, District Judge
Tag(s):

In re: FIBER-SPAN, INC

Citation:
21-1712, 21-1713 & 21-1806 (3rd Circuit, Jul 05,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The U.S. Court of Appeals for the Third Circuit (Circuit) reached a third set of conclusions, deeming the decision of Transit Wireless LLC (Transit) to use the remote fiber nodes (Nodes) that it...
Judge(s):
Kent A. Jordan; L. Felipe Restrepo; and David J. Porter
Tag(s):

JPMorgan Chase Bank, N.A. v. Larry Winget

Citation:
Case No 21-1568, 2022 WL 2389287 (6th Circuit, Jul 01,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Revocation of Trust (whether voluntary or involuntary) constitutes fraudulent transfer as to creditors of Trust as revocation removes assets from reach of creditors of Trust.
Judge(s):
Thapar, and Sutton (Majority); Batchelder (Dissenting)
Tag(s):

In re Little River Healthcare Holdings, LLC

Citation:
21-50616 (5th Circuit, May 18,2022) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Applying the plain meaning to the court-approved contingency fee agreement, the Court REVERSED, in part, concluding that certain categories of "damages" awarded by an Arbitrator should have been...
Judge(s):
King, Jones, and Duncan
Tag(s):

Edwards Family Partnership, et al v. Johnson

Citation:
20-61011 (5th Circuit, Apr 27,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A second review appeal and cross-appeal from the decisions of the U.S. Bankruptcy and District Courts for the Southern District of Mississippi (BC and DC) in which each party raised four issues,...
Judge(s):
Stephen A. Higginson; James L. Dennis; and Gregg J. Costa
Tag(s):

In re- Douglas A. Kelley

Citation:
20-3330 (8th Circuit, Apr 21,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In another appeal arising out of the Ponzi schemes of Thomas Peters (TP), the U.S. Court of Appeals for the Eighth Circuit partly diverged from the U.S. District Court for the District of...
Judge(s):
Bobby E. Shepherd; Steven M. Colloton; and Jane L. Kelly
Tag(s):

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