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IN RE: EDWIN LICUP, ET AL V. JEFFERSON AV

Summarizing by Amir Shachmurove

John J. Petr, v. BMO Harris Bank N.A.

Summarizing by David Treacy

In re: RGN-GROUP HOLDINGS, LLC, et al.,

Summarizing by Stephen Falanga

Autumn Wind Lending, LLC v. Estate of John J. Siegel

Citation:
23-5476 (6th Circuit, Feb 08,2024) Published
Case Status:
Reversed and Remanded
Ruling:
Res judicata does not bind the non-bankrupt corporate parent of a debtor that commences an adversary proceeding and then stipulates to its dismissal of the debtor's claim because the bankruptcy...
Judge(s):
COLE, GILMAN, and LARSEN
Tag(s):

VERTIV, INC.; VERTIV CAPITAL, INC.; and GNARITIS, INC. v WAYNE BURT PTE, LTD., and TGS MAHESH

Citation:
22-3305 (3rd Circuit, Feb 01,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Court clarifies standards a court must apply when deciding civil action abstention motions in deference to a pending foreign bankruptcy proceeding. First, the court must find the civil action...
Judge(s):
CHAGARES, HARDIMAN and FREEMAN
Tag(s):

In re: FTX TRADING LTD., et al.

Citation:
23-2297 (3rd Circuit, Jan 19,2024) Published
Case Status:
Reversed and Remanded
Ruling:
If a chapter 11's debtor's debts exceed $5 million and the bankruptcy court has not appointed a trustee for the debtor, the bankruptcy court must appoint an examiner if the United States trustee or...
Judge(s):
RESTREPO, BIBAS and SCIRICA, Circuit Judges
Tag(s):

In re: ASSET ENHANCEMENT, INC.,

Citation:
22-11389 (11th Circuit, Dec 05,2023) Published
Case Status:
Reversed and Remanded
Ruling:
Applying a circuit rule--that a contempt order that contemplates imposing attorneys’ fees as a contempt sanction but does not specify the amount of any award is not a final, appealable order; the...
Judge(s):
Robin S. Rosenbaum; Elizabeth L. Branch; and Andrew L. Brasher
Tag(s):

Anytime Fitness v. Thornhill Brothers

Citation:
22-30757 Fifth Circuit (5th Circuit, Oct 27,2023) Published
Case Status:
Reversed and Remanded
Ruling:
Whether 11 U.S.C. § 365(f), or any other portion of Title 11, authorizes a bankruptcy court’s approval of a debtor’s partial assignment of an executory contract? It does not.
Judge(s):
Per Curiam- Richman, Chief Judge, and Southwick and Oldham.
Tag(s):

In re: Island Indus. Inc.

Citation:
23-8007 (6th Circuit, Aug 23,2023) Not Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court cannot reduce the amount of fees requested by a debtor's counsel without giving the lawyers notice and an opportunity for hearing if the rationale for the fee reduction is in the...
Judge(s):
BAUKNIGHT, DALES, and MASHBURN
Tag(s):

Sessa v. Trans Union, LLC

Citation:
22-87 (2nd Circuit, Jul 17,2023) Published
Case Status:
Reversed and Remanded
Ruling:
There is no bright-line rule providing that only purely factual or transcription errors in a consumer credit report, as opposed to “legal errors”, are actionable under the FCRA, and no...
Judge(s):
Cabranes, Nardini, Merriam
Tag(s):

In re: RITA RAMOS CURIEL

Citation:
BAP Nos. CC-22-1246-SGF and CC-22-1247-SGF (9th Circuit, Jun 23,2023) Published
Case Status:
Reversed and Remanded
Ruling:
Section 1191(c)(3) requires bankruptcy courts to take a "harder look" at a plan's feasibility than is required under § 1129(b)(2)(A) in order to confirm a subchapter V plan over a secured...
Judge(s):
SPRAKER, GAN, and FARIS, Bankruptcy Judges
Tag(s):

RDNJ Trowbridge v. Chesapeake

Citation:
21-20323 (5th Circuit, Jun 08,2023) Published
Case Status:
Reversed and Remanded
Ruling:
The Court of Appeals held that the bankruptcy court’s handling of approval of the settlement of class claims, “predicated on 28 U.S.C. § 1334(a) or (b), rather than in the court where the...
Judge(s):
Judge Edith H. Jones, Judge James C. Ho, and Judge Cory T. Wilson
Tag(s):

Sarnosky v. Chesapeake

Citation:
No. 21-20323 (5th Circuit, Jun 08,2023) Published
Case Status:
Reversed and Remanded
Ruling:
The 5th Circuit vacated and remanded the bankruptcy and district court judgments with instructions to dismiss. It held that the bankruptcy court lacked jurisdiction to approve post-confirmation...
Judge(s):
Jones, Ho, and Wilson, Circuit Judges.
Tag(s):

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