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Yerian v. Webber (In re: Verian)

Summarizing by Kathleen DiSanto

The PACA Trust Creditors v. Genecco Produce Inc.

Citation:
17-1949-cv, 17-2051-cv (2nd Circuit, Jan 09,2019) Published
Case Status:
Affirmed
Ruling:
Defendant in PACA action, which was both a supplier to, and a buyer of, produce from the debtor, was not entitled to a complete offset of such mutual obligations existing on the bankruptcy filing...
Judge(s):
Sack, Raggi, and Chin, Circuit Judges
Tag(s):

Federal Trade Commission v. Federal Check Processing

Citation:
16-3811-cv, 16-3805-cv (2nd Circuit, Jan 11,2019) Published
Case Status:
Affirmed
Ruling:
By summary judgment in favor of the FTC, individual defendant was responsible for debt collection practices of his businesses that violated the Federal Debt Collection Practices Act and the FTCA...
Judge(s):
Cabranes, Sack, and Parker, Circuit Judges
Tag(s):

Meridian Capital v. Burton

Citation:
No. 18-40003, 2019 WL 101886 (5th Circuit, Jan 04,2019) Not Published
Case Status:
Affirmed
Ruling:
Because the tortious interference claim alleging a direct injury to the company's former CEO is not property of the estate, there is no basis for bankruptcy court jurisdiction.
Judge(s):
Wiener, Southwick, Costa
Tag(s):

IN RE: LICKING RIVER MINING, LLC

Citation:
17-6310 (6th Circuit, Dec 28,2018) Published
Case Status:
Affirmed
Ruling:
Fees of debtor and committee professionals were properly payable from "carveout" contained in Final Cash Collateral Order, notwithstanding conversion of case to Chapter 7 and despite lender's...
Judge(s):
Merritt, Daughtrey, and Stranch
Tag(s):

IN RE: WALTER ENERGY, INC.

Citation:
16-13483 (11th Circuit, Dec 27,2018) Published
Case Status:
Affirmed
Ruling:
In affirming the district court's ruling, the Eleventh Circuit held that the bankruptcy court had the authority to modify the premiums that Walter Coal owed to two funds which it established to...
Judge(s):
Martin, Jill Pryor and Anderson
Tag(s):

IN RE: SMITH

Citation:
No. 18-3000 (3rd Circuit, Dec 17,2018) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the conversion of Debtor's Chapter 13 case to a Chapter 7 case. The Debtor debts exceeded the amounts set forth in 11 U.S.C. § 109(e). The Debtor did...
Judge(s):
AMBRO, KRAUSE and PORTER
Tag(s):

IN RE: BOYCE

Citation:
BAP Nos. CC-18-1052-STaL, CC-18-1058-STaL (Consolidated), 2018 WL 6565685 (9th Cir. Dec. 12, 2018) (9th Circuit, Dec 12,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP of the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) granting summary judgment to creditor on an issue of whether debtor should be barred from relitigating the fraud...
Judge(s):
Spraker, Taylor, Lafferty
Tag(s):

IN RE: TURCHIN

Citation:
BAP No. CC-17-1252-LSTa (9th Circuit, Dec 21,2018) Not Published
Case Status:
Affirmed
Ruling:
State court fraud judgment was entitled to preclusive effect in subsequent nondischargeability action under Section 523(a)(2)(A). Bankruptcy court's grant of summary judgment in favor of plaintiff...
Judge(s):
LAFFERTY, SPRAKER, and TAYLOR, Bankruptcy Judges.
Tag(s):

IN RE: CHERNUSHIN

Citation:
18-1068 (10th Circuit, Dec 21,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy estate of a debtor who owned a second home as a joint tenant with a right of survivorship ceased to have any interest in the second home upon the debtor's death. Thus, the debtor's...
Judge(s):
BRISCOE, MURPHY, and McHUGH
Tag(s):

IN RE: MARITIME COMMUNICATIONS/LAND MOBILE L.L.C.

Citation:
17-60742 (5th Circuit, Dec 20,2018) Not Published
Case Status:
Affirmed
Ruling:
Affirmed the dismissal of claimant's appeal of a confirmed chapter 11 plan because appellant failed to demonstrate "person aggrieved" bankruptcy standing. Claimant filed a proof of claim in the...
Judge(s):
Per Curiam (Smith, Wiener, Willett)
Tag(s):

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