Home » Affirmed

Parr v. Rodriguez (In re Parr)

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 7 months 3 weeks ago
Citation:
No. CO-18-084, 2019 WL 365748 (10th Circuit, Jan 30,2019) Not Published
Case Status:
Affirmed
Ruling:
Pro se chapter 7 debtor failed to meet burden of justifying relief under FRCP 60(b) by failing to present evidence or legal arguments at an evidentiary hearing.
Judge(s):
Nugent, Cornish, Jacobvitz
Tag(s):

First State Bank of Roscoe v. Stabler (In re Stabler)

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 7 months 3 weeks ago
Citation:
No. 17-1904, 2019 WL 362454 (8th Circuit, Jan 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court properly held bank and its principal in contempt and sanctioned them for violating a final bankruptcy discharge injunction.
Judge(s):
Shepherd, Melloy, Grasz
Tag(s):

Terry Giese v. Lexington Coal Co. (In re HNRC Dissoultion Co.)

  • Summarized by Ryan Heilman , Wernette Heilman PLLC
  • 7 months 3 weeks ago
Citation:
18-5674 (6th Circuit, Jan 24,2019) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the rulings of the Bankruptcy Court and 6th Cir. BAP, (i) finding that jurisdiction existed for removal of the case from state court to the District Court (and referral...
Judge(s):
MERRITT, GUY, and MOORE
Tag(s):

Connolly v. Morreale (In re Morreale)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 7 months 3 weeks ago
Citation:
BAP No. CO-18-063 (10th Circuit, Jan 22,2019) Published
Case Status:
Affirmed
Ruling:
Chapter 7 trustee, who had obtained an order in the Chapter 11 case of debtor's single-member LLC substituting himself for debtor as manager of LLC and authorizing him to manage and operate LLC's...
Judge(s):
Nugent, Michael, and Somers
Tag(s):

The PACA Trust Creditors v. Genecco Produce Inc.

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 7 months 3 weeks ago
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

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 7 months 3 weeks ago
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

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 8 months 2 weeks ago
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

  • Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
  • 8 months 3 weeks ago
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

  • Summarized by Ryan Heilman , Wernette Heilman PLLC
  • 8 months 3 weeks ago
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):

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