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

Summarizing by Timothy Anzenberger

CURTIS V. AMMEC INVESTMENTS, II, ET AL.

Summarizing by Paris Gyparakis

Home » Affirmed

Carmichael v. Balke

  • Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
  • 2 years 5 months ago
Citation:
22-20430 (5th Circuit, Oct 06,2023) Not Published
Case Status:
Affirmed
Ruling:
In litigation that spanned many years, the 5th Circuit held that post-judgment interest, pursuant to 28 USC Sec. 1961(a),(c)(4) [applicable to bankruptcy courts as units of the district courts],...
Judge(s):
Ho, Oldham and Douglas
Tag(s):

DuVall v. County of Ontario

Citation:
21-2917-bk (2nd Circuit, Sep 29,2023) Published
Case Status:
Affirmed
Ruling:
When determining whether a transfer left an entity insolvent, courts must accept the facts as they are and not as they hypothetically may be. Thus, when a debtor declared property as exempt under...
Judge(s):
CALABRESI, LOHIER, and KAHN, Circuit Judges
Tag(s):

In re: Fundamental Long Term Care, Inc

Citation:
21-10587 (11th Circuit, Sep 18,2023) Published
Case Status:
Affirmed
Ruling:
A lawyer is not disqualified from representing a bankruptcy trustee solely because the firm acted as outside general counsel to a company that had been voluntarily dismissed as a defendant from...
Judge(s):
LAGOA, BRASHER, and TJOFLAT, Circuit Judges
Tag(s):

In re: KAULI SAILI, JR.,

  • Summarized by Jaden Banks , Nyemaster Goode, P.C.
  • 2 years 6 months ago
Citation:
22-3268 (10th Circuit, Sep 18,2023) Published
Case Status:
Affirmed
Ruling:
The Tenth Circuit Court of Appeals affirmed the District Court of Kansas's grant of summary judgment against Kauli Saili Jr, (the "Plaintiff"), holding that judicial estoppel prevented the...
Judge(s):
Hartz, Tymkovich, Matheson
Tag(s):

In re: ORCHID CHILD PRODUCTIONS, LLC

  • Summarized by Benjamin Fischer , Klehr Harrison Harvey Branzburg LLP
  • 2 years 6 months ago
Citation:
BAP No. CC-23-1011 FLS; Bk. No. 2:20-bk-21080-RK (9th Circuit, Sep 07,2023) Not Published
Case Status:
Affirmed
Ruling:
A Ninth Circuit BAP affirmed a decision of the bankruptcy court. The court reasoned that the production company's state law contract claim was a core proceeding because it concerned the...
Judge(s):
Faris, Lafferty, & Spraker
Tag(s):

In re: Larisa Ivanovna Markus

Citation:
21-2238 (2nd Circuit, Aug 30,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Second Circuit affirmed two orders of the U.S. District Court for the Southern District of New York (DC) finding that the district's bankruptcy court (BC)...
Judge(s):
Dennis Jacobs; Denny Chin; and Beth Robinson
Tag(s):

In re TransCare Corporation

  • Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
  • 2 years 6 months ago
Citation:
21-2547, 21-2576 (2nd Circuit, Aug 28,2023) Published
Case Status:
Affirmed
Ruling:
The Second Circuit held that in determining damages under section 548 the "value of the property" avoided is going concern value and not liquidation value.
Judge(s):
Circuit Judges Nathan, Menashi and Merriam with Judge Menashi dissenting
Tag(s):

Elam v. Nationstar Mortg., LLC (In re Elam)

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
  • 2 years 6 months ago
Citation:
22-8012 (6th Circuit, Aug 29,2023) Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed an order dismissing the pro se debtor’s complaint for lack of jurisdiction in her reopened bankruptcy case. The Panel agreed with...
Judge(s):
Bauknight, Dales, Gustafson
Tag(s):

In re: SVENHARD’S SWEDISH BAKERY

  • Summarized by Benjamin Fischer , Klehr Harrison Harvey Branzburg LLP
  • 2 years 6 months ago
Citation:
BAP No. EC-23-1001-GLB; Bk. No. 19-15277 (9th Circuit, Aug 29,2023) Published
Case Status:
Affirmed
Ruling:
A 9th Circuit BAP affirmed an opinion of the Bankruptcy Court for the Eastern District of California holding that a settlement agreement with a pension fund is not an executory contract because the...
Judge(s):
Gan, Lafferty, and Brand
Tag(s):

Rodgers, Powers & Schwartz, LLP v. Minkina (In re Minkina)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 6 months ago
Citation:
No. 22-1624 (1st Circuit, Aug 24,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the First Circuit held a bankruptcy court did not err in calculating a Massachusetts debtor's tenancy by the entirety interest in property for purposes of the formula...
Judge(s):
Barron, Howard, and Montecalvo
Tag(s):

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