In re: INTERWORKS UNLIMITED INC.,

• Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
• 2 years 4 months ago

Citation:

CC-22-1027-STL (9th Circuit, Aug 19,2022) Not Published

Case Status:

Affirmed

Ruling:

A series of errors by the trustee's attorney led the BAP to hold that the relation back doctrine found in Fed. R. Civ. P. 15(c) did not save the trustee's adversary proceeding. The original...

Judge(s):

SPRAKER, TAYLOR, and LAFFERTY, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• 7012
• 7015
• 108(c)

IN RE: VILLAGE APOTHECARY, INC.

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 2 years 4 months ago

Citation:

21-1555 (6th Circuit, Aug 16,2022) Published

Case Status:

Affirmed

Ruling:

Bankruptcy court may consider the results obtained by professionals in awarding fees under 11 U.S.C. Sec. 330(a)(3), even though it is not listed as a factor in the statute. The use of "including"...

Judge(s):

Gilman, Stranch and Nalbandian, authored by Nalbandian

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Professional Compensation/Fees

In re: DEVORE STOP, a General Partnership, Debtor

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 4 months ago

Citation:

CC-21-1226-LST (9th Circuit, Aug 16,2022) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the ruling of the U.S. Bankruptcy Court for the Central District of California (BC) that found no bankruptcy court jurisdiction...

Judge(s):

William J. Lafferty III; Gary A. Spraker; and Laura S. Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Real Estate
• Retail
• Small Business
• Fed. R. Bankr. P. 7001; Fed. R. Bankr. P. 7012(b)
• 11 U.S.C § 541; 28 U
• S.C. § 1334(b); 28 U.S.C § 157(b)

In re: FALL LINE TREE SERVICE, INC.

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

Citation:

22-1006 & 22-1007 (9th Circuit, Aug 05,2022) Not Published

Case Status:

Reversed and Remanded

Ruling:

In an appeal by a chapter 11 debtor of a bankruptcy court’s judgment for it and against three persons and denial of motion to amend, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP)...

Judge(s):

Laura S. Taylor; William J. Lafferty III; and Julia W. Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Investment Banking
• Real Estate
• Retail
• Small Business
• Turnaround Issues
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 3001; Fed. R. Bankr. P. 3002; Fed. R. Bankr. P. 3007; Fed. R. Bankr. P. 7001
• 11 U.S.C § 544; 11 U.S.C § 501; 11 U.S.C § 502

In re GenOn Mid-Atlantic Development, L.L.C.

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
• 2 years 5 months ago

Citation:

21-20557 (5th Circuit, Jul 29,2022) Published

Case Status:

Affirmed

Ruling:

Finding that the district court had jurisdiction and that abstention was not required, the Court entered a take-nothing judgment on an investment bank's breach of warranty claims against the...

Judge(s):

Smith, Wiener, and Southwick

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Executory Contracts/Leases
• Venue/Jurisdiction
• 7012
• 7056

IN RE- BUILDERS HOLDING CO., CORP

• Summarized by William Amann , Amann Burnett, PLLC
• 2 years 5 months ago

Citation:

21-1299 (1st Circuit, Jul 28,2022) Published

Case Status:

Reversed and Remanded

Ruling:

A question remains whether the set-off that Oriental Bank asserts here is senior to the secured interest that MAPFRE has in the same collateral under Puerto Rico law, as well as the fact-laden...

Judge(s):

USCA, 1st Cir. C.J. Barron, Howard and Gelpi

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Finance and Banking
• Investment Banking
• Puerto Rico
• Uniform Commercial Code/Article 9

In re DOUGLAS A. KELLEY

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

Citation:

21-2850 (7th Circuit, Jul 21,2022) Published

Case Status:

Affirmed

Ruling:

Years after Douglas Kelley (TR), liquidating trustee for Petters Company, Inc.,, secured a default judgment against Capital Strategies Fund, Ltd. (CS), a recipient of funds from the “infamous”...

Judge(s):

Amy J. St. Eve; Michael B. Brennan; and Michael Y. Scudder

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Financial Advisors
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Investment Banking
• Lender Liability
• Mass Torts
• Retail
• Small Business
• Fed. R. Civ. P. 7001
• 11 U.S.C. § 362(k)(1); 11 U.S.C. § 542; 11 U.S.C. § 543

AURIGA POLYMERS INC v PMCM2 LLC

• Summarized by Kathleen DiSanto , Bush Ross, P.A.
• 2 years 5 months ago

Citation:

20-14647 (11th Circuit, Jul 18,2022) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

In a case of first impression, the Eleventh Circuit held that a creditor's new value defense available under section 547(c)(4)(B) of the Bankruptcy Code is not offset by "otherwise unavoidable...

Judge(s):

Wilson and Lagoa, Circuit Judges and Martinez, District Judge

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Preferences
• 11 U.S.C. § 547

In re: CPESAZ LIQUIDATING, INC.,

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

Citation:

21-1123 (9th Circuit, Jul 12,2022) Not Published

Case Status:

Affirmed

Ruling:

Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) discerned no abuse of discretion or err in its...

Judge(s):

William J. Lafferty III; Scott H. Gan; and Laura S. Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Labor/Employment
• Lender Liability
• Public Companies and Claims Trading
• Small Business
• Fed. R. Bankr. P. 3018(a); Fed. R. Bankr. P. 8015
• 11 U.S.C § 105; 11 U.S.C § 524(e); 11 U.S.C § 1104; 11 U.S.C § 1112(b); 11 U.S.C § 1129(a)(7)

In re: MED EQUITY, LLC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 years 5 months ago

Citation:

BAP No. CC-21-1247-GFS (9th Circuit, Jul 13,2022) Not Published

Case Status:

Reversed and Remanded

Ruling:

The bankruptcy court abused its discretion by refusing to allow a claim to be amended after the claims bar date where the debtor failed to show that allowing the amendment would cause undue...

Judge(s):

GAN, FARIS, and SPRAKER, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• 502

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