Lowe v. Gammon

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 1 year 11 months ago

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):

• 5th Circuit
• Bankruptcy Litigation
• Professional Compensation/Fees
• 28 usc 157

Highland Captl v. Highland Captl Mgmt

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 12 months ago

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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Insurance
• Fed. R. Bankr. P. 8009(a)(1)(A)
• 11 U.S.C. § 1127(b) & (C)
• 11 U.S.C. § 1125
• 11 U.S.C. § 363(b)(1)

Electric Reliability v. Just Energy

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

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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure

Foster v. Aurzada

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 5 days ago

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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Finance and Banking
• Fed. R. Bankr. P. 7012(b); Fed. R. Bankr. P. 9027(a)(3)
• 28 U.S.C § 157(a); 28 U.S.C § 157(b); 28 U.S.C § 1334(b); 28 U.S.C § 1452(a)

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

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 6 days ago

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):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Finance and Banking
• 11 U.S.C § 541; 28 U.S.C § 157(a); 28 U.S.C § 157(b); 28 U.S.C § 1334(b); 28 U.S.C § 1334(c); 28 U.S.C § 1334(e)

In re: STEPHEN WILLIAM SLOAN

• Summarized by Michael Holmes , Grant, Konvalinka & Harrison, PC
• 2 years 3 weeks ago

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):

• 9th Circuit
• Asset Sales
• Claims
• Plan Confirmation
• Valuation
• Discharge/Dischargeability
• Chapter 12/Farm Cases
• Real Estate

IN RE: LATAM AIRLINES GROUP S.A.,

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

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):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Plan Confirmation
• Professional Practice Areas
• Airlines
• Business Reorganization
• International Insolvency
• Fed. R. Bankr. P. 1015(b)
• 11 U.S.C. § 502(b)(2); 11 U.S.C. § 1123; 11 U.S.C. § 1124(1);

Azby Fund v. Wadsworth Estates

• Summarized by Timothy Byrd , McGlinchey Stafford, PLLC
• 2 years 3 weeks ago

Citation:

No. 22-30092 (5th Circuit, Dec 12,2022) Not Published

Case Status:

Affirmed

Ruling:

The Fifth Circuit affirmed the district court's ruling that a debtor in possession had prudential standing to contest the creditor's §506(b) motion. Also, the Fifth Circuit upheld the district...

Judge(s):

Judge Patrick E. Higginbotham, Judge Stuart Kyle Duncan, and Judge Kurt D. Engelhardt

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Mortgage
• Lender Liability
• Real Estate
• 11 U.S.C. § 506
• 11 U.S.C. § 704

In re: COEPTIS EQUITY FUND LLC

• Summarized by Michael Holmes , Grant, Konvalinka & Harrison, PC
• 2 years 3 weeks ago

Citation:

BAP NOS. NC-22-1135-GBS; NC22-1136-GBS; NC22-1138GBS; Bk. No. 21-30726 (9th Circuit, Dec 12,2022) Not Published

Case Status:

Affirmed

Ruling:

The court acted within its discretion to remove the debtor as debtor in possession of its chapter 11 Subchapter V case for cause and allow the trustee to convert the case to one under chapter 7...

Judge(s):

GAN, BRAND, and SPRAKER

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Compensation/Fees
• Valuation
• First-day Motions
• Real Estate
• Small Business
• Fed. R. Bankr. P. 9014
• 11 u.s.c. § 1185

In re: THEOS FEDRO HOLDINGS, LLC

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

Citation:

22-1115 (9th Circuit, Dec 12,2022) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel for the Ninth Circuit (BAP) affirmed the an order by the U.S. Bankruptcy Court for the Northern District of California (BC) granting the motions to dismiss the...

Judge(s):

Gary A. Spraker; Scott H. Gan; and Julia W. Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Govt. Claims/Sovereign Immunity
• Investment Banking
• Labor/Employment
• Small Business
• Fed. R. Bankr. P. 7012; Fed. R. Bankr. P. 7015

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