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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

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 2 years 6 months ago
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

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
  • 2 years 8 months ago
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

  • Summarized by Hans Riefkohl , Riefkohl LLC
  • 2 years 8 months ago
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):

In re: HILDE VAN DER WESTHUIZEN

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 2 years 8 months 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):

In re: Purdue Pharma L.P.

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 9 months 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):

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