In re ResCap Liquidating Trust

Citation:
21-2139 (8th Circuit, Feb 02,2023) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Given that RFC's bankruptcy settlements were reasonable and entered into in good faith, the Eighth Circuit affirmed most of the judgment. The court agreed that the Client Guide granted RFC the...
Judge(s):
Loken, Colloton, Sheperd
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):

Wendy Adelson v. Ocwen Loan Servicing, LLC

Citation:
22-2204 & 21-2972 (6th Circuit, Jan 31,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S> Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Eastern District of Michigan (DC) that affirmed the dismissal of the claims of...
Judge(s):
John B. Nalbandian; Karen N. Moore; and Eric L. Clay
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):

Highland Captl v. Highland Captl Mgmt

Citation:
22-10189 (5th Circuit, Jan 11,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit (1) upheld a bankruptcy court's order permitting a Reorganized Debtor to create/fund an "Indemnity Sub-Trust," in lieu of acquiring D&O insurance as...
Judge(s):
King, Stewart, and Haynes
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):

Foster v. Aurzada

Citation:
22-10310, 22-10318 (5th Circuit, Jan 03,2023) Published
Case Status:
Affirmed
Ruling:
Affirming the U.S. District Court for the Northern District of Texas (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed that the U.S. Bankruptcy Court for the Northern District...
Judge(s):
Priscilla Richman; James C. Ho; and James L. Dennis
Tag(s):

Frank McIntyre v. Active Energies Solar, LLC, et al.

Citation:
22-004 (10th Circuit, Dec 30,2022) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Colorado (BC) to abstain from adjudicating the adversary...
Judge(s):
Sarah A. Hall; Janice D. Lloyd; and William T. Thurman
Tag(s):

In re: STEPHEN WILLIAM SLOAN

Citation:
BAP No. EC-22-1119-BSG; Bk. No. 20-10809 (9th Circuit, Dec 15,2022) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not err overruling Debtor's objection to claim because the Debtor was bound by an earlier agreement with Secured Creditor for the amount of post-petition interest and late...
Judge(s):
BRAND, SPAKER, and GAN
Tag(s):

IN RE: LATAM AIRLINES GROUP S.A.,

Citation:
22-1940 (2nd Circuit, Dec 14,2022) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Second Circuit (Circuit) affirmed the August 31, 2022, order of the U.S. District Court for the Southern District of New York (DC) affirming a June 18, 2022, order...
Judge(s):
Pierre N. Leval; Denny Chin; and Eunice C. Lee
Tag(s):

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