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In re PIRS Capital, LLC

Citation:
22-1723 (8th Circuit, Dec 08,2022) Published
Case Status:
Affirmed
Ruling:
As had the U.S. District Court for the Western District of Arkansas (DC), the U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the order, issued by the U.S. Bankruptcy Court for the...
Judge(s):
James B. Loken; Morris S. Arnold; and Jonathan A. Kobes
Tag(s):

In re: Bryan S. Reichel,

Citation:
22-6004 (8th Circuit, Nov 22,2022) Published
Case Status:
Affirmed
Ruling:
The BAP for the 8th Circuit affirmed the bankruptcy court (D. Minn.) which denied the Debtor’s 27 motions, including requests to reopen the bankruptcy case, review prior rulings, and revisit the...
Judge(s):
SCHERMER, SHODEEN and DOW, Bankruptcy Judges
Tag(s):

In the Matter of: Jon Amberson

Citation:
21-50960 (5th Circuit, Nov 18,2022) Published
Case Status:
Affirmed
Ruling:
While the judges divided over the preferred approach and proper reasoning, this panel of the U.S. Court of Appeals for the Fifth Circuit (Circuit) unanimously agreed that the underlying arbitration...
Judge(s):
Leslie H. Southwick; Edith H. Jones; and Andrew S. Oldham
Tag(s):

In re: TBH19, LLC

  • Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
  • 2 years 1 month ago
Citation:
2:19-BK-23823-VZ, 2022 WL 16782946 (B.A.P. 9th Cir. Nov. 8, 2022) (9th Circuit, Nov 08,2022) Not Published
Case Status:
Affirmed
Ruling:
Appellants failed to raise § 502(e) in bankruptcy court and thus waived the issue on appeal. BAP found that § 502(e) did not apply because the Estate no longer had a co-obligation with a...
Judge(s):
Hon. Laura S. Taylor; Hon. Gary A. Spraker; Hon. Scott H. Gan
Tag(s):

In re: VANCE ZACHARY JOHNSON

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 2 months ago
Citation:
BAP No. CC-22-1074-LSG (9th Circuit, Nov 04,2022) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit upheld a bankruptcy court's post-trial judgment excepting a $514,245 debt from the chapter 7 debtor/appellant's discharge under 11 USC §...
Judge(s):
LAFFERTY, SPRAKER, and GAN
Tag(s):

In re: ROBERTO C. HERNANDEZ

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 2 years 2 months ago
Citation:
CC-22-1122-GLS (9th Circuit, Nov 03,2022) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel (BAP) upheld the bankruptcy court's decision overruling the debtor's objection to the claim of the debtor's brother based on both a factual finding that...
Judge(s):
GAN, LAFFERTY, and SPRAKER
Tag(s):

In re TRIANGLE CAYMAN ASSET COMPANY

Citation:
19-1251, 19-1786, 20-1284 (1st Circuit, Oct 24,2022) Published
Case Status:
Affirmed
Ruling:
In a case so complex to require a timeline, the U.S. Court of Appeals for the First Circuit (Circuit) dismissed those aspects deemed moot without any merit review but affirmed the grant of summary...
Judge(s):
Gustavo Gelpí; Kermit V. Lipez; and O. Regeriee Thompson
Tag(s):

In re: SOUTHERN CALIFORNIA RESEARCH, LLC; DARRELL MAAG,

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 2 months ago
Citation:
BAP No. CC-22-1055-TSG (9th Circuit, Oct 18,2022) Not Published
Case Status:
Dismissed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit dismissed an appeal of a bankruptcy court's order denying a creditor's motion to convert the debtors' chapter 11 cases to chapter 7 or,...
Judge(s):
TAYLOR, SPRAKER, and GAN
Tag(s):

Ultra Petro Corp v. Ad Hoc Com

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 2 months ago
Citation:
21-20008 (5th Circuit, Oct 14,2022) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit held that, while 11 U.S.C. § 502(b)(2) disallowed a contractual make-whole payment to noteholder-creditors as unmatured interest or its economic...
Judge(s):
Jolly and Elrod (majority), Oldham (dissenting)
Tag(s):

Ogle v. Morgan, et al

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
  • 2 years 3 months ago
Citation:
20-10908 (5th Circuit, Oct 07,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fifth Circuit affirmed dismissal of the constructive fraud claims related to the settlement releases because the Delaware judgment established that reasonably equivalent value was given in...
Judge(s):
Jones and Southwick
Tag(s):

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