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Home » Reversed and Remanded

Diane Owens v. FirstEnergy Corporation

  • Summarized by Jonathan Batiste , Rensselaer Polytechnic Institute
  • 10 months 14 hours ago
Citation:
Nos. 23-3940 /3943 /3945 /3946 /3947 (6th Circuit, Aug 13,2025) Published
Case Status:
Reversed and Remanded
Ruling:
The circuit court held that courts must follow a two-step analysis to determine which presumption of reliance, the Affiliated Ute presumption or the Basic presumption, is applicable in...
Judge(s):
Boggs, Clay, and Gibbons
Tag(s):

Scott Jencks v. AgVantage FS (In re Jencks)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 10 months 1 week ago
Citation:
24-6010 (8th Circuit, Aug 12,2025) Published
Case Status:
Reversed and Remanded
Ruling:
The United States Bankruptcy Appellate Panel for the Eighth Circuit overturned a bankruptcy court’s orders denying a lien avoidance motion and dismissing a related adversary proceeding. On the...
Judge(s):
Hastings, Surratt-States, and Constantine
Tag(s):

Thermal Surgical, LLC v. Brown

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 10 months 1 week ago
Citation:
24-127 (2nd Circuit, Aug 08,2025) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Second Circuit held a district court erred in granting a summary judgment to a plaintiff and affording preclusive effect to the plaintiff's unchallenged proof of...
Judge(s):
WALKER, ROBINSON, AND MERRIAM
Tag(s):

In re: SCOTT WARREN JENCKS AND LINDA LEE JENCKS

Citation:
24-6010 (8th Circuit, Aug 12,2025) Published
Case Status:
Reversed and Remanded
Ruling:
In the context of a debtor's right to exempt their homestead, a bankruptcy court may not make an adverse inference against the debtor even if the debtor purchased new property before bankruptcy and...
Judge(s):
HASTINGS, Chief Judge, SURRATT-STATES AND CONSTANTINE, Bankruptcy Judges
Tag(s):

UBS, et al v. Lorenzo Esteva, et al

Citation:
23-14050 (11th Circuit, Jul 31,2025) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Eleventh Circuit concluded that contractual ambiguities in an investment account agreement precluded the entry of summary judgment on claims concerning whether the debtor and his wife granted...
Judge(s):
Pryor, Chief Judge, and Grant and Luck
Tag(s):

Benshot, LLC v. 2 Monkey Trading, LLC, et al

Citation:
23-12342 (11th Circuit, Jul 09,2025) Published
Case Status:
Reversed and Remanded
Ruling:
Aligning with Fourth and Fifth Circuits, the Eleventh Circuit held that corporate debtors in Subchapter V proceedings who seek to confirm non-consensual plans under section 1191(b) cannot discharge...
Judge(s):
Branch, Luck, and Lagoa, Circuit Judges.
Tag(s):

Joe Whatley, Jr. v. Canadian Pacific Railway Co.

  • Summarized by Jonathan Batiste , Rensselaer Polytechnic Institute
  • 11 months 2 days ago
Citation:
No. 24-1477 (8th Circuit, Jul 03,2025) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the 8th Circuit reversed and remanded the district court’s decisions against applying a joint stipulation between Plaintiff and Defendant and against applying...
Judge(s):
Gruender, Benton, and Shepherd
Tag(s):

Atlantic Maritime v. QuarterNorth Energy

Citation:
23-20218 (5th Circuit, Jun 11,2025) Not Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the U.S. Bankruptcy and U.S. District Courts for the Southern District of Texas (BC and DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) deemed that the settlement and...
Judge(s):
James E. Graves, Jr., and Cory T. Wilson
Tag(s):

USA V. STEVEN ZINNEL

Citation:
22-16128 (9th Circuit, Jun 09,2025) Published
Case Status:
Reversed and Remanded
Ruling:
Overruling the U.S. District Court for the Eastern District of California (DC) and deeming mootness inapposite, the U.S. Court of Appeals for the Ninth Circuit (Circuit) held the plain language of...
Judge(s):
Carlos T. Bea; Ana de Alba; and Jeffrey Vincent Brown
Tag(s):

Sr Secured Noteholders v. DE Trust Co

Citation:
23-20557 (5th Circuit, May 30,2025) Published
Case Status:
Reversed and Remanded
Ruling:
Faced with a dispute among unsecured and secured creditors over the allocation of equity in a reconstituted chapter 11 debtor, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found the...
Judge(s):
Edith H. Jones; Kurt D. Engelhardt; and Andrew S. Oldham
Tag(s):

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