In re: Island Indus. Inc.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 4 months ago

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):

• 6th Circuit
• Bankruptcy Process and Procedure
• Professional Compensation/Fees
• 9011
• 330(a)

Pitman Farms v. ARKK Food Co., LLC (In re Simply Essentials, LLC)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 4 months ago

Citation:

No. 22-2011 (8th Circuit, Aug 21,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Eighth Circuit affirmed a bankruptcy court's order permitting a chapter 7 trustee to sell chapter 5 avoidance actions as property of the debtor's estate.

Judge(s):

Smith, Melloy, and Erickson

Tag(s):

• 8th Circuit
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure
• Fed. R. Bankr. P. 9019(b)
• 11 U.S.C. § 363(f)
• 11 U.S.C. § 541(a)

Tarpon Bay Partners LLC v. Zerez Holdings Corporation

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 4 months ago

Citation:

21-1916 (2nd Circuit, Aug 11,2023) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Vacating and affirming in part the rulings of the U.S. District Court for the District of Connecticut (DC), U.S. Court of Appeals for the Second Circuit (Circuit) vacated the DC's ruling that the...

Judge(s):

William j. Nardini; Sarah A. L. Merriam; and Gary S. Katzmann

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Claims
• Practice and Procedure
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Lender Liability
• Small Business

Sanders v. Watcher et al. (In re: JOSEPH L. SANDERS)

• Summarized by Michael Myers , Ballard Spahr LLP
• 1 year 5 months ago

Citation:

BAP No. CC-23-1003-LSF (9th Circuit, Aug 09,2023) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel upheld the bankruptcy court's approval of a settlement, over the objection of the debtor, between a chapter 7 trustee and creditors satisfying the...

Judge(s):

Lafferty, Spraker, and Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Bankruptcy Litigation
• Practice and Procedure
• Professional Practice Areas
• Commercial Fraud
• Rule 9019
• 11 USC 502(c)

Inmarsat Global v. SpeedCast Intl

• Summarized by Craig Geno , Craig M Geno PLLC
• 1 year 5 months ago

Citation:

22-20274 (5th Circuit, Aug 03,2023) Published

Case Status:

Affirmed

Ruling:

The 5th circuit held that the contracts that were at issue were not ambiguous. And, the definitions of critical terms contained within the contracts (that were the central focus of the disputes)...

Judge(s):

Barksdale, Southwick and Higginson

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Executory Contracts/Leases
• Ii USC Sec.365

In re: William Howard Topp

• Summarized by Jaden Banks , Nyemaster Goode P.C.
• 1 year 5 months ago

Citation:

22-2577 (8th Circuit, Aug 02,2023) Published

Case Status:

Affirmed

Ruling:

The Eighth Circuit Court of Appeals held that the cram down provision of Section 1225(a)(5)(B)(ii) requires the bankruptcy court evaluate the ultimate risk of nonpayment, therefore courts using a...

Judge(s):

GRUENDER, ARNOLD, and KELLY

Tag(s):

• 8th Circuit
• Claims
• Chapter 12/Farm Cases

Dugaboy Invst v. Highland Capital

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 5 months ago

Citation:

22–10960 (5th Circuit, Jul 31,2023) Published

Case Status:

Affirmed

Ruling:

Affirming the "person aggrieved" standard for standing to appeal an order of the bankruptcy court, the Fifth Circuit held that a party without an allowed claim against the debtor does not have...

Judge(s):

Higginbotham, Southwick, and Willett

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• 1109(b)

Official Committee v. Hartree

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 5 months ago

Citation:

22-20321 (5th Circuit, Jul 25,2023) Published

Case Status:

Affirmed

Ruling:

Affirming the U.S. Bankruptcy Court and U.S. District Court for the Southern District of Texas (BC and DC), the U.S. Court of Appeals for the Fifth Circuit deemed the payment of a $3.3 million...

Judge(s):

Jerry E. Smith; Patrick E. Higginbotham; and Kurt D. Engelhardt

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• 11 U.S.C. § 363(b); 11 U.S.C. § 503(b); 11 U.S.C. § 1102(a)(1)

In re: PROFESSIONAL TECHNICAL SECURITY SERVICES, INC

• Summarized by Michael Myers , Ballard Spahr LLP
• 1 year 5 months ago

Citation:

BAP No. NC-22-1220-CBG; BAP No. NC-22-1228-CBG (9th Circuit, Jul 21,2023) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's finding that sale proceeds were cash collateral and its approval of a stipulation with the IRS.

Judge(s):

Corbit, Brand, and Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Practice Areas
• First-day Motions
• 11 usc 363

Castaldi v. Schwartzer (In re: Welscorp, Inc.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 5 months ago

Citation:

BAP No. NV-23-1031-BGC (9th Circuit, Jul 20,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit found a bankruptcy court properly granted summary judgment to a Chapter 7 Trustee who sought to avoid and recover actually fraudulent...

Judge(s):

BRAND, GAN, and CORBIT

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Fed. R. Bankr. P. 7056
• Fed. R. Bankr. P. 8014
• 11 U.S.C. § 544(b)(1)
• 11 U.S.C. § 548(a)(1)(A)
• 11 U.S.C. § 550

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