In re: HILDE VAN DER WESTHUIZEN

• Summarized by Michael Myers , Ballard Spahr LLP
• 2 days 10 hours ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 USC 523(a)(6)

In re: Purdue Pharma L.P.

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 week 1 day ago

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):

• 2nd Circuit
• Alternative Dispute Resolution
• Claims
• Creditors' Committee
• Plan Confirmation
• Venue/Jurisdiction
• Business Reorganization
• Mass Torts
• 11 U.S.C. §§ 105(a)
• 524(a)
• (g) and (e)
• 1122(a) 1123(b)(3)(A)
• 1123(b)(6)

In re: BELLA HOSPITALITY GROUP, LLC,

• Summarized by Hans Riefkohl , Riefkohl LLC
• 2 months 2 weeks ago

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):

• 9th Circuit
• Bankruptcy Litigation
• Rule 1003
• 11 U.S.C. § 303(b)

In re: LTL MANAGEMENT, LLC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 months 1 day ago

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):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Professional Practice Areas
• Mass Torts
• 1112(b)

Lowe v. Gammon

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 4 months 3 weeks ago

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):

• 5th Circuit
• Bankruptcy Litigation
• Professional Compensation/Fees
• 28 usc 157

Electric Reliability v. Just Energy

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 months 4 weeks ago

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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure

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

• Summarized by Amir Shachmurove , Reed Smith LLP
• 7 months 5 days ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Finance and Banking
• Real Estate
• Fed. R. Bankr. P. 4003(b)(1); Fed. R. Bankr. P. 1019(2)(B)(i); Fed. R. Bankr. P. 9011
• 11 U.S.C. § 348(a); 11 U.S.C. § 363(m); 11 U.S.C. § 522(d); 11 U.S.C. § 522(l); 11 U.S.C. § 727(a)(4)(B)

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

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
• 8 months 1 week ago

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):

• 11th Circuit
• Bankruptcy Litigation
• Uniform Commercial Code/Article 9
• 7056
• 544(a)

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

• Summarized by Michael Myers , Ballard Spahr LLP
• 9 months 2 weeks ago

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):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Financial Advisors
• Plan Confirmation
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• 28 U.S.C. § 1334; 28 U.S.C. § 157(b)(1)

In re Bestwall

• Summarized by Amir Shachmurove , Reed Smith LLP
• 9 months 2 weeks ago

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):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Creditors' Committee
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Health Care
• Lender Liability
• Mass Torts
• Fed. R. Bankr. P. 2004; Fed. R. Bankr. P. 9016
• 11 U.S.C. § 524(g)

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