Tianjin Dinghui Hongjun Equity Inv. P'ship (L.P.) v. Pac. Links U.S. Holdings, Inc. (In re Pac. Links U.S. Holdings, Inc.)

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

Citation:

BAP No. HI-22-1191-BCL (9th Circuit, Jul 18,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not clearly err in finding a creditor received constructively fraudulent transfers from debtors related to their...

Judge(s):

BRAND, CORBIT, and LAFFERTY

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Fraudulent Transfers
• Real Estate
• Fed. R. Bankr. P. 7052
• 11 U.S.C. § 548(a)(1)(B)
• 11 U.S.C. § 548(c)

East Coast Foods, Inc. v. Development Specialists, Inc. (In re: East Coast Foods, Inc.)

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

Citation:

BAP No. CC-23-1034-FLS (9th Circuit, Jul 19,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not err in denying a debtor's motion for leave to sue the Chapter 11 Trustee in state court for alleged...

Judge(s):

FARIS, LAFFERTY, and SPRAKER

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Court Administration
• Fraud
• Professional Compensation/Fees
• Venue/Jurisdiction
• Business Reorganization
• 11 U.S.C. § 327

In re: Louis N. Delloso

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 6 months ago

Citation:

No. 22-2532 (3rd Circuit, Jul 10,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy court's order denying a creditor's motion to reopen a chapter 7 case five years after closure. The deadlines for the creditor...

Judge(s):

KRAUSE, BIBAS and RENDELL

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Discharge/Dischargeability
• Small Business
• Fed. R. Bankr. P. 4007(c)
• Fed. R. Bankr. P. 5010
• Fed. R. Bankr. P. 9006(b)
• Fed. R. Bankr. P. 9024
• 11 U.S.C. § 105(a)
• 11 U.S.C. § 350
• 11 U.S.C. § 523(a)(2)
• (4) and (6)
• 11 U.S.C. § 727

In re: OFF-SPEC SOLUTIONS, LLC

• Summarized by Benjamin Fischer , Klehr Harrison Harvey Branzburg LLP
• 1 year 6 months ago

Citation:

BAP No. ID-23-1020 (9th Circuit, Jul 06,2023) Published

Case Status:

Affirmed

Ruling:

The B.A.P. of the Ninth Circuit affirmed the bankruptcy court's dismissal. Relying on canons of statutory interpretation, the court interpreted § 1192 to reiterate § 523(a)’s application to...

Judge(s):

GAN, CORBIT, and BRAND

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Small Business
• 7012 (Rule 12(b)(6))
• 11 U.S.C. §§ 1192
• 523(a)

Brugnara v. PSG Mortgage Lending Corp. (In re: PSG Mortgage Lending Corp.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 6 months ago

Citation:

BAP No. NC-22-1065-GBS (9th Circuit, Jun 29,2023) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not err in denying a motion to remand a removed civil action and in granting a summary judgment for the...

Judge(s):

GAN, BRAND, and SPRAKER

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Real Estate
• Fed
• R. Bankr. P. 8002(a)
• R. Bankr. P. 8009
• R. Bankr. P. 8018
• R. Bankr. P. 9027

In re: RITA RAMOS CURIEL

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 6 months ago

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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Business Reorganization
• Small Business
• 1191(c)

MANN V. LSQ FUNDING GROUP, L.C. (IN RE ENGSTROM, INC.)

• Summarized by Christopher Muniz , U.S. Bankruptcy Court, Southern District of Indiana
• 1 year 6 months ago

Citation:

22-2436 (7th Circuit, Jun 22,2023) Published

Case Status:

Affirmed

Ruling:

The United States Court of Appeals for the Seventh Circuit (“7th Cir.”) affirmed the entry of summary judgment in favor of creditor LSQ Funding Group, L.C. (“LSQ”) and against Douglas Mann,...

Judge(s):

Ripple, Scudder, and St. Eve (opinion author)

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Fraudulent Transfers
• Preferences
• 11 U.S.C. § 541(a)
• 11 U.S.C. § 547(b)
• 11 U.S.C. § 548(a)(1)

Albaad USA, Inc. v. GPMI, Co. (In re: GPMI, Co.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 6 months ago

Citation:

BAP No. AZ-22-1231-CLB (9th Circuit, Jun 21,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's order confirming a debtor/appellee's chapter 11 plan over objections by an appellant/unsecured creditor. The...

Judge(s):

CORBIT, LAFFERTY, and BRAND

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Creditors' Committee
• Financial Advisors
• Plan Confirmation
• Professional Compensation/Fees
• Valuation
• Business Reorganization
• 11 U.S.C. § 1129(a)(5)
• 11 U.S.C. § 1129(b)

In re: NTI-NV, Inc.,

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 6 months ago

Citation:

22-1248-BCL (9th Circuit, Jun 15,2023) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the order of the U.S. Bankruptcy Court for the District of Nevada (BC) converting the chapter 11 case of NTI-NC Inc. (DR), both...

Judge(s):

Julia W. Brand; Frederick P. Corbit; and William J. Lafferty III

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Small Business
• 11 U.S.C. § 1112(b); 11 U.S.C. § 1125(a)(1)

RDNJ Trowbridge v. Chesapeake

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
• 1 year 6 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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Mass Torts

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