In re: HILDE VAN DER WESTHUIZEN

Citation:
BAP No. CC-22-1133-CLS (9th Circuit, Jun 02,2023) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel reversed and remanded the bankruptcy court's entry of summary judgment in favor of plaintiff's section 523(a)(6) claim against the debtor defendant...
Judge(s):
CORBIT, LAFFERTY, and SPRAKER
Tag(s):

In re: Purdue Pharma L.P.

Citation:
NOS. 22-110-bk (L), 22-113-bk, 22-115-bk, 22-116-bk, 22-117-bk, 22-119-bk, 10 22-121-bk, 22-299-bk, 22-203-bk (2nd Circuit, May 30,2023) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Second Circuit held that 11 U.S.C.§§ 105(a) and 1123(b)(6), and prior Second Circuit authority, permit Purdue Pharma L.P. and related entities to include...
Judge(s):
Newman, Wesley, and Lee
Tag(s):

In re: BELLA HOSPITALITY GROUP, LLC,

Citation:
NV-22-1144-BGC (9th Circuit, Mar 22,2023) Published
Case Status:
Reversed and Remanded
Ruling:
The 9th Circuit BAP ruled that a failure to submit the statement required under Bankruptcy Rule 1003(a), is not jurisdictional. Because the Appellee did not raise such defect in a timely manner,...
Judge(s):
BRAND, GAN, and CORBIT, Bankruptcy Judges.
Tag(s):

In re: LTL MANAGEMENT, LLC

Citation:
22-2003, 22-2004, 22-2005, 22-2006, 22-2007, 22-2008, 22-2009, 22-2010, 22-2011 (3rd Circuit, Jan 30,2023) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy case must be dismissed because the debtor is not in imminent financial distress. In determining whether a case was filed in good faith, bankruptcy courts can look at the financial...
Judge(s):
AMBRO, RESTREPO, and FUENTES
Tag(s):

Lowe v. Gammon

Citation:
21-51234 (5th Circuit, Jan 13,2023) Not Published
Case Status:
Reversed and Remanded
Ruling:
Fifth Circuit reinstates a chapter 7 trustee's lawsuit against the Debtor's pre-petition state-court attorney for legal malpractice. The trustee's expert proffered an opinion on duty and breach as...
Judge(s):
Stewart, Willett, Oldham
Tag(s):

Electric Reliability v. Just Energy

Citation:
22-20424 (5th Circuit, Jan 05,2023) Published
Case Status:
Reversed and Remanded
Ruling:
28 U.S.C. § 1334(c)(1) provides a statutory basis for abstention that supplements--but does not subsume--judicially created abstention doctrines; and judicially-created abstention doctrines apply...
Judge(s):
Southwick, Graves, and Engelhardt
Tag(s):

In re: MONTE L. MASINGALE (Deceased) and ROSANA D. MASINGALE

Citation:
EW-22-1016-FLB (9th Circuit, Nov 02,2022) Published
Case Status:
Reversed and Remanded
Ruling:
Publishing to explain the effect of a “100% of FMV” exemption claim and to reiterate that parties must timely object to any improper exemption claim despite its frivolity, the U.S. Bankruptcy...
Judge(s):
Robert J. Faris; William J. Lafferty; and Julia W. Brand
Tag(s):

In Re: NRP LEASE HOLDINGS, LLC, et al.

Citation:
21-11742 (11th Circuit, Sep 29,2022) Published
Case Status:
Reversed and Remanded
Ruling:
The 11th Circuit reversed the district court’s order affirming the bankruptcy court’s grant of appellee’s motion for summary judgment. The 11th Circuit concluded, based on a finding from the...
Judge(s):
Newsom, Lagoa, Anderson
Tag(s):

In re: ESSAR STEEL MINNESOTA, LLC; ESML HOLDINGS, INC.

Citation:
3rd Cir. No. 20-3002 (3rd Circuit, Aug 25,2022) Published
Case Status:
Reversed and Remanded
Ruling:
The Third Circuit Court of Appeals reversed the bankruptcy court's decision (certified directly from the U.S. District Court) that the bankruptcy court did not have jurisdiction over the debtor's...
Judge(s):
AMBRO, KRAUSE, and BIBAS
Tag(s):

In re Bestwall

Citation:
21-2263 (3rd Circuit, Aug 24,2022) Published
Case Status:
Reversed and Remanded
Ruling:
Agreeing with Bestwall LLC (DR), a chapter 11 debtor in the U.S. Bankruptcy Court for the Western District of North Carolina (BC), that it had rightly invoked collateral estoppel, the U.S. Court of...
Judge(s):
Kent A. Jordan; Cheryl A. Krause; and David J. Porter
Tag(s):

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