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INTERNATIONAL PETROLEUM PRODUC V. BLACK G

Citation:
22-15109 and 22-16341 (9th Circuit, Sep 16,2024) Published
Case Status:
Affirmed
Ruling:
An order reversing a bankruptcy court's decision to deny recognition of a foreign insolvency proceeding does not trigger the automatic stay of 11 U.S.C. § 1120 nunc pro tunc to the date of the...
Judge(s):
Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges [*United States Court of Appeals for the Seventh Circuit, sitting by designation]
Tag(s):

XP CAPITAL, LLC V. ARGONAUT MANUF

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 3 months 3 weeks ago
Citation:
26-60033 (9th Circuit, Sep 16,2024) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court's dismissal of the plaintiff's complaint, though only on the failure to state a claim and not...
Judge(s):
Clifton, Collins, and Lee
Tag(s):

Douglas Kelley v. BMO Harris Bank N.A.

  • Summarized by Jaden Banks , Nyemaster Goode P.C.
  • 3 months 4 weeks ago
Citation:
23-2632 (8th Circuit, Sep 12,2024) Published
Case Status:
Reversed and Rendered
Ruling:
Because a bankruptcy trustee steps into the shoes of the debtor rather than shoes of a prepetition receiver, the defense of in pari delicto remains available to a defendant in an adversary...
Judge(s):
COLLOTON, BENTON, and SHEPHERD
Tag(s):

Wells Fargo Bank V The Hertz Corporation, et al.

Citation:
23-1169 (3rd Circuit, Sep 10,2024) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Regardless of how they are defined or computed under the applicable contracts, make-whole fees are interest and subject to disallowance under 11 U.S.C. § 502(b)(2). However, a debtor cannot...
Judge(s):
KRAUSE, PORTER, and AMBRO, Circuit Judges
Tag(s):

THE LOVERING TUBBS TRUST, ET AL V. TIMOTHY W. HOFFMAN

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 3 months 4 weeks ago
Citation:
23-60005 (9th Circuit, Sep 09,2024) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court decisions granting summary judgment in favor of the chapter 7 trustee on his 11 USC...
Judge(s):
Bea, Hamilton, and Christen
Tag(s):

MAIN STREET BUSINESS FUNDING, LLC V JOHN P. LANE, JR.

  • Summarized by David Banker , Womble Bond Dickinson
  • 4 months 4 days ago
Citation:
No. 23-2430 (3rd Circuit, Sep 05,2024) Not Published
Case Status:
Affirmed
Ruling:
Proceeds from embezzlement litigation was not collateral of a loan where the security agreement did not describe the litigation. Pennsylvania’s Article 9 of the Uniform Commercial Code ("UCC"),...
Judge(s):
Ambro, Circuit Judge
Tag(s):

TOWN SPORTS INTERNATIONAL, LLC V RAMON MORENO-CUEVAS

Citation:
24-1020 (3rd Circuit, Aug 21,2024) Not Published
Case Status:
Affirmed
Ruling:
In a per curiam opinion, the U.S. Court of Appeals for the Third Circuit (Circuit) found no error in the decision of the U.S. Bankruptcy Court for the District of Delaware (BC) denying relief from...
Judge(s):
Cheryl Ann Krause; Paul Matey; and Cindy K. Chung
Tag(s):

Bay Point Capital Partners II, LP v. Thomas Switch Holding, Llc

Citation:
23-11432 (11th Circuit, Aug 26,2024) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals concluded that the bankruptcy court's determination of the value of a bitcoin mining property was not clearly erroneous. Specifically, the Court of Appeals found that the...
Judge(s):
WILLIAM PRYOR, Chief Judge, and JILL PRYOR, and BRASHER, Circuit Judges
Tag(s):

POSHOW ANN KIRKLAND, ET AL V. JASO

Citation:
No. 22-55944 (9th Circuit, Aug 23,2024) Published
Case Status:
Affirmed
Ruling:
The Circuit Court affirmed the district court’s order affirming a judgment of the bankruptcy court, and remanded for further proceedings, in a fraudulent transfer action in which a jury...
Judge(s):
Richard R. Clifton, Gabriel P. Sanchez, and Edward R. Korman,
Tag(s):

Hallucination Media, LLC v. The Ritz Ybor, LLC, et al

Citation:
24-10194 (11th Circuit, Aug 22,2024) Not Published
Case Status:
Affirmed
Ruling:
In affirming the bankruptcy court's grant of summary judgment in favor of defendants, the Eleventh Circuit held that plaintiff was sufficiently on notice of defendants' defenses and was not...
Judge(s):
Wilson, Branch, and Luck
Tag(s):

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