Ali v. Azhar Chaudhary

• Summarized by Aaron Kaufman , Gray Reed LLP
• 4 weeks 19 hours ago

Citation:

No. 23-20362 (consolidated with 23-20464, 23-20498, and 23-20507) (5th Circuit, Dec 09,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Court of Appeals affirmed, in part, dismissed the debtor/co-defendants' appeals for lack of standing, and reversed and remanded, in part. Case remanded to the bankruptcy court to consider whether...

Judge(s):

Smith, Clement, Higginson

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Real Estate
• 7001
• 541

Marshak v. Hyundai Steel Co. (In re Prime Metals U.S.A., Inc.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 3 weeks 6 days ago

Citation:

No. 24-53 (9th Circuit, Dec 06,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a Chapter 7 Trustee's claims against a creditor that allegedly received two sets of prepetition fraudulent transfers from...

Judge(s):

OWENS, LEE, and KOH

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Fed. R. Bankr. P. 7056
• 11 U.S.C. § 548(a)(1)(A)
• 11 U.S.C. § 548(a)(1)(B)

Montoya v. Ferguson, et al.

• Summarized by Jaden Banks , Nyemaster Goode P.C.
• 1 month 3 days ago

Citation:

24-2028 (10th Circuit, Dec 04,2024) Not Published

Case Status:

Affirmed

Ruling:

The Tenth Circuit Court of Appeal, following appeal from the Bankruptcy Appellate Panel for the Tenth Circuit, affirmed the bankruptcy court's use of quasi-estoppel principals to find the debtor...

Judge(s):

TYMKOVICH, McHUGH, and MORITZ

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Commercial Fraud

Fin. Oversight & Mgmt. Bd. v. U.S. Bank N.A. (In re Fin. Oversight & Mgmt. Bd.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 month 3 weeks ago

Citation:

23-2036, 23-2049, 23-2050, 23-2052, 23-2053, 23-2054, 23-2057 (1st Circuit, Nov 13,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Circuit Court for the First Circuit held (1) parties holding revenue bonds issued by the Puerto Rico Electric Power Authority (PREPA) have a non-recourse claim on PREPA's estate for the...

Judge(s):

Kayatta, Howard, and Rikelman

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Claims
• Puerto Rico
• 11 U.S.C. § 101(5); 11 U.S.C. § 362(a); 11 U.S.C. § 502(c)(1)-(2);1 U.S.C. § 506(a)(1); 11 U.S.C. § 544(a); 11 U.S.C. § 547(b)
• (e)(3); 11 U.S.C. 552(a)
• (b)(1); 11 U.S.C. § 902(2)(A); 11 U.S.C. § 926(b); 11 U.S.C. § 927; 11 U.S.C. § 928(b); 11 U.S.C. § 1111(b)

Dondero v. Jernigan

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

Citation:

24-10287 (5th Circuit, Nov 05,2024) Published

Case Status:

Affirmed

Ruling:

The appellants failed to meet their burden of showing that recusal of the bankruptcy judge was proper. Judicial recusal is proper only in exceptional circumstances, such as where the judge...

Judge(s):

Wiener, Willett, and Duncan, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Court Administration
• Practice and Procedure

TooBaRoo, LLC v. Olsen (In re Western Robidoux, Inc.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 2 months 2 weeks ago

Citation:

24-6006 (8th Circuit, Oct 21,2024) Published

Case Status:

Dismissed

Ruling:

The U.S. Bankruptcy Appellate Panel for the Eighth Circuit dismissed an appeal from a bankruptcy court's order granting a Chapter 7 Trustee's application to employ a law firm as special counsel. ...

Judge(s):

RIDGWAY, SURRATT-STATES, and JONES

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Fed. R. Bankr. P. 8004(d)
• 11 U.S.C. § 327(c) and (e)
• 11 U.S.C. § 328(c)
• 11 U.S.C. § 330(a)(1)

ROSE COURT, LLC V. SELECT PORTFOLIO SERVI

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 months 3 weeks ago

Citation:

21-16663 (9th Circuit, Oct 17,2024) Published

Case Status:

Affirmed

Ruling:

A panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the Northern District of California affirming the decision of that district's bankruptcy...

Judge(s):

Daniel P. Collins; Danielle J. Forrest; and Jennifer Sung

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Real Estate
• Small Business
• Fed. R. Bankr. P. 7041

Gruver V Firetech, the Fire Technology People, Inc.

• Summarized by Ryan Heilman , Heilman Law PLLC
• 3 months 5 days ago

Citation:

23-1769 (3rd Circuit, Sep 26,2024) Not Published

Case Status:

Affirmed

Ruling:

The Third Circuit affirmed the District Court. 1. The Bankruptcy Court had proper jurisdiction even though the plan had already been confirmed and the dispute was not a core proceeding. Because...

Judge(s):

KRAUSE, BIBAS, and AMBRO, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Venue/Jurisdiction
• 28 U.S.C. § 157

Elizabeth Richert v. Kathleen White Murphy, et al

• Summarized by Kathleen DiSanto , Bush Ross, P.A.
• 3 months 1 week ago

Citation:

23-12840 (11th Circuit, Sep 26,2024) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy court did not err in converting chapter 13 case to chapter 7 where debtor consistently failed to comply with bankruptcy court orders and demonstrated bad faith, nor did the court violate...

Judge(s):

Newsom, Grant, and Anderson

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Personal Bankruptcy Topics
• Consumer Bankruptcy

Boston Generating, LLC V CREDIT SUISSE SECURITIES (USA) LLC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 months 2 weeks ago

Citation:

21-2543-bk (2nd Circuit, Sep 19,2024) Not Published

Case Status:

Affirmed

Ruling:

The safe harbor provision of 11 U.S.C. § 546(e) protects all phases of Complex refinancing and recapitalization transactions in which prior equity owners of the debtor’s parent receive payment...

Judge(s):

SUSAN L. CARNEY, JOSEPH F. BIANCO, ALISON J. NATHAN, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Fraud
• Professional Practice Areas
• Commercial Fraud
• 101(22)(A)
• 546(e)

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