Stadtmauer v. Tulis (In re Nordlicht)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 6 months ago

Citation:

22-1223-bk (2nd Circuit, Aug 15,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit held a bankruptcy court did not err in approving a Chapter 7 Trustee's settlement of legal claims filed by Appellants against the debtor and third...

Judge(s):

Livingston, Sack

Tag(s):

• 2nd Circuit
• Asset Sales
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Practice and Procedure
• Fed. R. Bankr. P. 2002(a)(3); Fed. R. Bankr. P. 7001(2); Fed. R. Bankr. P. 9019(a)
• 11 U.S.C. § 101(5)
• (37); 11 U.S.C. § 105(a); 11 U.S.C. § 108(c)(2); 11 U.S.C. § 362(a); 11 U.S.C. § 363(b)
• (f); 11 U.S.C. § 506(a)(1); 11 U.S.C. § 541; 11 U.S.C. § 544

Rechnitz v. Schmidt

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 7 months ago

Citation:

23-20386 (5th Circuit, Aug 14,2024) Published

Case Status:

Affirmed

Ruling:

In this direct appeal, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the ruling of the U.S. Bankruptcy Court for the Southern District of Texas (BC) that the trustee for two...

Judge(s):

Kyle S. Duncan; Jennifer W. Elrod; and Irma C. Ramirez

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Claims
• Corporate Governance
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Preferences
• Valuation
• Venue/Jurisdiction
• Business Reorganization
• Commercial Fraud
• Lender Liability
• 11 U.S.C. § 548(a)(1)(A); 11 U.S.C. § 550(a)(2); 11 U.S.C. § 550(b)(1)

Henry Stursberg Plaintiff - Appellant v. Morrison Sund PLLC Defendant

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 7 months ago

Citation:

23-1186 (8th Circuit, Aug 13,2024) Published

Case Status:

Affirmed

Ruling:

Dismissal of an involuntary bankruptcy petition under the abstention statute, 11 U.S.C. § 305(a), does not deprive the debtor of its rights to seek fees and damages under 11 U.S.C. § 303(i), and...

Judge(s):

SMITH, Chief Judge, LOKEN and COLLOTON

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Professional Compensation/Fees
• 303
• 305
• 7054

STEVEN P. KARTZMAN V. LATOC, INC. : "THE MALL AT THE GALAXY"

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 1 year 7 months ago

Citation:

23-1906 (3rd Circuit, Aug 07,2024) Not Published

Case Status:

Affirmed

Ruling:

In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court affirming the decision of the Bankruptcy Court finding in favor of the chapter 7 trustee avoiding a...

Judge(s):

CHAGARES, Chief Judge, PORTER and SCIRICA, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Practice and Procedure
• 11 U.S.C. §§ 548(a)(1)(B) and 544(b)(1)

In re Cambrian Holding Co., Inc

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
• 1 year 7 months ago

Citation:

23-5507 (6th Circuit, Aug 06,2024) Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit affirmed the bankruptcy court’s “Declaration Order,” which had clarified that its previous orders barred the lessor-appellant from challenging the validity of a lease...

Judge(s):

Gibbons, Bush, and Murphy

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Executory Contracts/Leases
• Rule 7059
• 11 U.S.C § 363

McIntyre v. Fangman, et al.

• Summarized by Leo Weiss , Office of the U.S. Trustee
• 1 year 7 months ago

Citation:

23-1048 (10th Circuit, Aug 02,2024) Not Published

Case Status:

Affirmed

Ruling:

McIntyre had business disputes with Fangman. After interpleading the amount he admitted owing in a state court, he filed a pro se Chapter 13 bankruptcy in which he challenged the state court's...

Judge(s):

Matheson, Eid and Carson

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Venue/Jurisdiction
• Professional Practice Areas
• Labor/Employment
• Unsecured Trade Creditors
• Sec. 362

McIntyre v. Active Energies Solar, et al.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 7 months ago

Citation:

23-1052 (10th Circuit, Aug 02,2024) Published

Case Status:

Affirmed

Ruling:

Section 1334(d) of title 28 of the United States Code establishes that a Circuit Court of Appeals does not have jurisdiction to review a bankruptcy court's permissive abstention from hearing a...

Judge(s):

MATHESON, EID, and CARSON, Circuit Judges

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Venue/Jurisdiction

American Warrior, Inc. v. Foundation Energy Fund IV-A, L.P.

• Summarized by J. Eric Lockridge , Kean Miller
• 1 year 7 months ago

Citation:

23-30529 (5th Circuit, Aug 01,2024) Published

Case Status:

Affirmed

Ruling:

In affirming the lower courts, the Fifth Circuit holds that state court litigation in Kansas can and should proceed unaffected by a reopened chapter 7 bankruptcy case after the Chapter 7 trustee...

Judge(s):

Jones, Clement, and Wilson

Tag(s):

• 5th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction

Congoleum Corporation V. Bath Works Corporation

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 1 year 7 months ago

Citation:

23-1295 (3rd Circuit, Aug 01,2024) Published

Case Status:

Affirmed

Ruling:

In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court finding that the Bankruptcy Court lacked good cause to reopen the former confirmed chapter 11 case of...

Judge(s):

CHAGARES, Chief Judge, MATEY and FUENTES, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Court Administration
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• 11 U.S.C. § 350

In re Vista-Pro Auto., LLC - Middle District of Tennessee at Nashville

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 1 year 7 months ago

Citation:

23-5881 (6th Circuit, Jul 26,2024) Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit Court of Appeals affirmed lower court decisions district court denying a motion to set aside a default judgment under Rule 60(b)(4) of the Federal Rules of Civil...

Judge(s):

Larsen, Boggs and McKeague. Opinion by Larsen. Dissent by McKeague.

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction

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