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ALLONHILL, LLC V. STEWART LENDER SERVICES, INC.

Summarizing by Paris Gyparakis

GOLDMAN SACHS BANK USA, V RHEA ANN BROWN; GREGORY KEVIN MAZE

Summarizing by Timothy Anzenberger

LTL MANAGEMENT LLC

Citation:
23-2971 and 23-2972 (3rd Circuit, Jul 25,2024) Not Published
Case Status:
Affirmed
Ruling:
A debtor is ineligible for bankruptcy in the Third Circuit if it cannot show that it is in financial distress. A debtor's mere forecast of blockbuster verdicts against it, or the "attenuated"...
Judge(s):
RESTREPO, FREEMAN, and AMBRO, Circuit Judges
Tag(s):

FOMB v. AmeriNational Community Services, LLC District Court of Puerto Rico, San Juan

Citation:
23-1747 (1st Circuit, Jul 17,2024) Published
Case Status:
Affirmed
Ruling:
Title VI of the Puerto Rico Oversight, Management, and Economic Stability Act does not alter the legal standard, found in both New York and Puerto Rico law, that the terms of a final contract...
Judge(s):
Montecalvo, Lipez, and Rikelman, Circuit Judges
Tag(s):

Gordon Green v. David Leibowitz

Citation:
23-2841 (7th Circuit, Jul 16,2024) Published
Case Status:
Affirmed
Ruling:
Wading into three areas of law-the Bankruptcy Code, the Internal Revenue Code (IRC), and Illinois state law—the U.S. Court of Appeals for the Seventh Circuit (Circuit) concluded that the...
Judge(s):
Amy St. Eve; Thomas Kirsch; and Joshua P. Kolar
Tag(s):

SR Construction v. RE Palm Springs

Citation:
23-10603 (5th Circuit, Jul 02,2024) Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit held that the bankruptcy court had the “undisputed power to order the sale of a bankruptcy debtor’s assets” and that turnover of those assets pursuant to the sale order was...
Judge(s):
Barksdale, Southwick, and Graves
Tag(s):

Dondero v. Highland Captl Mgmt

Citation:
22-10889 (5th Circuit, Jul 01,2024) Published
Case Status:
Affirmed
Ruling:
In its second opinion of the year arising from contempt orders and sanctions awards against the former CEO of debtor Highland Capital Management, the Fifth Circuit affirmed the Bankruptcy Court's...
Judge(s):
Southwick, Smith, and Higginson
Tag(s):

MARGUERITE POTTER and KEVIN POTTER

Citation:
23-2625 (3rd Circuit, Jun 26,2024) Published
Case Status:
Affirmed
Ruling:
In this non-precedential ruling, the Third Circuit affirmed the decisions of the District and Bankruptcy Courts annulling the automatic stay and dismissing the pro se debtors’ civil action...
Judge(s):
JORDAN, PHILLPS and NYGAARD, Circuit Judges
Tag(s):

Windstream Holdings, Inc. v. Charter Communications Operating, LLC (In re Windstream Holdings, Inc.)

Citation:
No. 22-2891-bk (2nd Circuit, Jun 24,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Second Circuit affirmed a district court's ruling overturning a bankruptcy court's order holding the debtor's competitor in contempt. It held: 1) the Taggart "no...
Judge(s):
Livingston, Cabranes, and Kahn
Tag(s):

IN RE: VITAMINS ONLINE, INC. V. HEARTWISE

Citation:
22-60060 (9th Circuit, Jun 20,2024) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel and bankruptcy court decisions to permissively abstain from resolving its competing claims with its former counsel,...
Judge(s):
MURGUIA, Chief Judge, and CHRISTEN and VANDYKE
Tag(s):

IN RE: A&D PROPERTY CONSULTANTS, LLC, ET

Citation:
23-60040 & 23-60041 (9th Circuit, Jun 06,2024) Not Published
Case Status:
Affirmed
Ruling:
Resolving consolidated appeals by A&D Property Consultants LLC (AD) of a decision by the circuit's bankruptcy appellate panel (BAP) affirming two bankruptcy court (BC) orders, the U.S. Court of...
Judge(s):
Sidney R. Thomas; Eric D. Miller; and Richard D. Bennett
Tag(s):

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