Home » Reversed and Remanded

Paige Martineau v. Joel Wier

  • Summarized by Eric Connon , U.S. Bankruptcy Court for the District of Vermont
  • 3 days 16 hours ago
Citation:
18-2294 (4th Circuit, Aug 12,2019) Published
Case Status:
Reversed and Remanded
Ruling:
4th Circuit remanded district court’s (D.S.C.) ruling that plaintiff’s claims were barred by lack of standing and judicial estoppel. Article III standing established by distinct injury suffered...
Judge(s):
Harris, Niemeyer, Hollander
Tag(s):

Kenneth Benjamin v. United States of America

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 3 weeks 3 days ago
Citation:
18-20185 (5th Circuit, Jul 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The plain meaning of section 405(h) of the Social Security Act did *not* bar a bankruptcy court from exercising jurisdiction over the debtor's claims under 28 USC 1334. The Fifth Circuit sided...
Judge(s):
Clement, Graves and Oldham
Tag(s):

Cranberry Growers Cooperative v. Patrick Layng

  • Summarized by Bonnie Clair , Summers Compton Wells LLC
  • 4 weeks 20 hours ago
Citation:
No. 1:17-bk-13318-cjf (7th Cir. July 17, 2019) (7th Circuit, Jul 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the ruling below, the Seventh Circuit found "disbursement" to be an "expansive term" covering all payments made by or for a debtor, including direct payments to revolving lines of credit....
Judge(s):
Ripple, Manion, Sykes
Tag(s):

Diamond Enterprises, LTD., LP, v. Michael Younessi (In re Michael Younessi)

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 1 month 5 days ago
Citation:
No. CC-18-1337-FLKu, 2019 WL 3003903 (9th Circuit, Jul 10,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Modification order reset the 180-day deadline for creditor to file its adversary proceeding seeking revocation of debtor's chapter 11 plan confirmation under section 1144.
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

SEC, et al v. Stanford International Bank, et a

  • Summarized by Paul Stewart , Stewart Robbins & Brown, LLC
  • 2 months 1 day ago
Citation:
No. 17-10663 (5th Circuit, Jun 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
Judge(s):
Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
Tag(s):

U.S. Department of Education v. Carlos Carrion, Jr. (In re Carrion, Jr.)

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 2 months 2 weeks ago
Citation:
No. SC-18-1234-FBKu (9th Circuit, May 31,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court misapplied California law. Debtor remained liable for the entire amount of his own educational loan debt even though he agreed to a 50-50 division of the debt with his ex-wife in...
Judge(s):
Faris, Brand, Kurtz
Tag(s):

Ralph Janvey v. GMAG, L.L.C.

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 2 months 3 weeks ago
Citation:
No. 17-11526, 2019 WL 2240565 (5th Circuit, May 24,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Fifth Circuit certified question to Texas Supreme Court: whether UFTA good faith requires a transferee on inquiry notice to conduct an investigation or show such an investigation would have been...
Judge(s):
Stewart, Dennis, Willett
Tag(s):

Houston Bluebonnet, L.L.C. v. JPMorgan Chase Bank

  • Summarized by Lars Fuller , BakerHostetler
  • 3 months 5 days ago
Citation:
18-20462 (5th Circuit, May 16,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Fifth Circuit reversed and remanded ruling of district court (SD Tex.), which affirmed ruling of bankruptcy court determining that creditors satisfied Fifth Circuit's "informal proof of claim"...
Judge(s):
Jolly, Costa, Engelhardt
Tag(s):

TKC Aerospace Inc. v. Charles Muhs (In re Muhs)

Citation:
18-1372 (4th Circuit, May 08,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A judgment against a debtor for violating the Alaska Uniform Trade Secrets Act (the UTSA) for the willful an malicious misappropriation of the judgment creditor’s trade secrets was insufficient...
Judge(s):
MOTZ, KING, and THACKER
Tag(s):

Claimant ID 100081155 v. BP Exploration & Prodn

  • Summarized by Lars Fuller , BakerHostetler
  • 3 months 4 weeks ago
Citation:
No. 18-30268 (consolidated with 18-30269, 18-30270, 18-30271, 18-30281) (5th Circuit, Apr 18,2019) Published
Case Status:
Reversed and Remanded
Ruling:
In non-bankruptcy case related to BP Deepwater Horizon oil spill claimants, 5th Circuit reversed and remanded ruling of U.S. District Court (E.D. La.)., ruling that district court applied improper...
Judge(s):
Reavley, Elrod, Willett
Tag(s):

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