Raymond James & Associates, Incorporated vs Craig Jalbert

• Summarized by J. Newman , Newman & Newman
• 2 years 1 month ago

Citation:

USDC No. 6:22-CV-5050 (5th Circuit, Jan 30,2024) Published

Case Status:

Affirmed

Ruling:

Even though LAP failed to list Raymond James as a creditor when it filed for bankruptcy, Raymond James is nevertheless subject to the confirmation plan because of its actual knowledge of the...

Judge(s):

King, Willett, and Douglas, Circuit Judges.

Tag(s):

• 5th Circuit
• Claims
• 1123
• 1124
• 1129

ANTHONY GANTNER v PG&E CORPORATION; PACIFIC GAS & ELECTRIC COMPANY

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

Citation:

21-15571 (9th Circuit, Jan 23,2024) Not Published

Case Status:

Affirmed

Ruling:

In light of the answer of the California Supreme Court (CASC) to one certified state law question - "yes," section 1759 of the California Public Utilities Code (CPUC) preempts a negligence claim...

Judge(s):

Danny J. Boggs; John B. Owens; and Michelle T. Friedland

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Certification
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Lender Liability
• Mass Torts

In re: FTX TRADING LTD., et al.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 years 2 months ago

Citation:

23-2297 (3rd Circuit, Jan 19,2024) Published

Case Status:

Reversed and Remanded

Ruling:

If a chapter 11's debtor's debts exceed $5 million and the bankruptcy court has not appointed a trustee for the debtor, the bankruptcy court must appoint an examiner if the United States trustee or...

Judge(s):

RESTREPO, BIBAS and SCIRICA, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• 11 U.S.C. § 1104(c)

In re: STONE PINE INVESTMENT BANKING, LLC,

• Summarized by Jaden Banks , Nyemaster Goode, P.C.
• 2 years 3 months ago

Citation:

Nos. 21-1423, 21-1431, 21-1439; D.C Case No. 20-cv-01372 (10th Circuit, Dec 19,2023) Published

Case Status:

Affirmed

Ruling:

The Tenth Circuit Court of Appeals affirmed the determination by the Bankruptcy Court for the District of Colorado that equitable tolling applied to certain fraudulent transfer claims brought by...

Judge(s):

PHILLIPS, MURPHY, and ROSSMAN

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Professional Practice Areas
• Commercial Fraud
• Investment Banking
• 11 U.S.C § 544(a)(1); 11 U.S.C § 554(b)

In re: BLACK IRON

• Summarized by Jaden Banks , Nyemaster Goode, P.C.
• 2 years 3 months ago

Citation:

21-04116, D.C. No. 2:18-CV-00962-BSJ (10th Circuit, Dec 18,2023) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The Tenth Circuit Court of Appeals affirmed the Bankruptcy Court and District Court for the District of Utah's determination that under Utah law, the Debtor, through its predecessor in interest,...

Judge(s):

BACHARACH, BALDOCK, and EBEL

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Professional Practice Areas
• Business Reorganization

In re: PRIME METALS U.S.A., INC.,

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

Citation:

CC-22-1222-CFL (9th Circuit, Dec 13,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of summary judgment to Hyundai Steel Company (Hyundai) by the U.S. Bankruptcy Court for the Central District of...

Judge(s):

Frederick P. Corbit; Robert J. Faris; and William J. Lafferty III

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Preferences
• Venue/Jurisdiction
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Small Business
• Unsecured Trade Creditors
• 11 U.S.C. § 542; 11 U.S.C. § 544(b)(1); 11 U.S.C. § 548(a)(1); 11 U.S.C. § 550; 11 U.S.C. § 551

In re: CHUZA OIL COMPANY

• Summarized by Jaden Banks , Nyemaster Goode, P.C.
• 2 years 3 months ago

Citation:

No. 22-2073, BAP No. 21-029-NM (10th Circuit, Dec 12,2023) Published

Case Status:

Reversed

Ruling:

The Tenth Circuit Court of Appeals reversed the Tenth Circuit BAP and affirmed the Bankruptcy Court for the District of New Mexico after determining that Chuza Oil Co, lacked a cognizable interest...

Judge(s):

TYMKOVICH, BACHARACH, and PHILLIPS

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Fraudulent Transfers
• Preferences
• Professional Practice Areas
• Business Reorganization
• 11 U.S.C. § 548(a)(1)(A) and (B)
• 11 U.S.C. § 547(b)

In re: ASSET ENHANCEMENT, INC.,

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

Citation:

22-11389 (11th Circuit, Dec 05,2023) Published

Case Status:

Reversed and Remanded

Ruling:

Applying a circuit rule--that a contempt order that contemplates imposing attorneys’ fees as a contempt sanction but does not specify the amount of any award is not a final, appealable order; the...

Judge(s):

Robin S. Rosenbaum; Elizabeth L. Branch; and Andrew L. Brasher

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Small Business
• Fed. R. Bankr. P. 8002
• 11 U.S.C. § 105(a); 28 U.S.C. § 158(d); 28 U.S.C. § 1291

IN RE: JOHN FLISS

• Summarized by Michael Cooley , Reed Smith LLP
• 2 years 3 months ago

Citation:

22-1424 (7th Circuit, Nov 27,2023) Published

Case Status:

Affirmed

Ruling:

1) Under the Rooker-Feldman doctrine, a state-court judgment creditor is not guaranteed an allowed claim for the state-court judgment once the debtor files for bankruptcy relief. The state court...

Judge(s):

FLAUM, KIRSCH, and JACKSON-AKIWUMI

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Claims

California Palms Addiction Recovery Campus, Inc. v. Vara (In re California Palms Addiction Recovery Campus, Inc.)

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

Citation:

No. 23-3375 (6th Circuit, Nov 29,2023) Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit Court of Appeals held a bankruptcy court did not err in converting a chapter 11 case to chapter 7. The court explained a conversion order is final as it resolves a discrete...

Judge(s):

White, Thapar, and Bloomekatz

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Business Reorganization
• Small Business
• Fed. R. Bankr. P. 9006(d)
• 11 U.S.C. § 1112(b)

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