Cogan v. Trabucco

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

Citation:

No. 22-16948 (9th Circuit, Aug 21,2024) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Ninth Circuit held a district court erred in dismissing a declaratory judgment action under the Rooker-Feldman doctrine. The appellant--counsel for bankruptcy...

Judge(s):

Smith, Bennett, Collins

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Venue/Jurisdiction

Van Deelen v. Dickson

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 months 2 weeks ago

Citation:

23-20436 (5th Circuit, Aug 20,2024) Published

Case Status:

Reversed and Remanded

Ruling:

When a confirmed Chapter 11 plan includes provisions protecting third parties from certain claims, the bankruptcy court has statutory, core jurisdiction over a complaint against the protected...

Judge(s):

Higginson, Willett, and Oldham, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• 7009

Stadtmauer v. Tulis (In re Nordlicht)

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

Citation:

22-1223-bk (2nd Circuit, Aug 15,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit held a bankruptcy court did not err in approving a Chapter 7 Trustee's settlement of legal claims filed by Appellants against the debtor and third...

Judge(s):

Livingston, Sack

Tag(s):

• 2nd Circuit
• Asset Sales
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Practice and Procedure
• Fed. R. Bankr. P. 2002(a)(3); Fed. R. Bankr. P. 7001(2); Fed. R. Bankr. P. 9019(a)
• 11 U.S.C. § 101(5)
• (37); 11 U.S.C. § 105(a); 11 U.S.C. § 108(c)(2); 11 U.S.C. § 362(a); 11 U.S.C. § 363(b)
• (f); 11 U.S.C. § 506(a)(1); 11 U.S.C. § 541; 11 U.S.C. § 544

Rechnitz v. Schmidt

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 months 3 weeks ago

Citation:

23-20386 (5th Circuit, Aug 14,2024) Published

Case Status:

Affirmed

Ruling:

In this direct appeal, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the ruling of the U.S. Bankruptcy Court for the Southern District of Texas (BC) that the trustee for two...

Judge(s):

Kyle S. Duncan; Jennifer W. Elrod; and Irma C. Ramirez

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Claims
• Corporate Governance
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Preferences
• Valuation
• Venue/Jurisdiction
• Business Reorganization
• Commercial Fraud
• Lender Liability
• 11 U.S.C. § 548(a)(1)(A); 11 U.S.C. § 550(a)(2); 11 U.S.C. § 550(b)(1)

STEVEN P. KARTZMAN V. LATOC, INC. : "THE MALL AT THE GALAXY"

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 5 months 3 days ago

Citation:

23-1906 (3rd Circuit, Aug 07,2024) Not Published

Case Status:

Affirmed

Ruling:

In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court affirming the decision of the Bankruptcy Court finding in favor of the chapter 7 trustee avoiding a...

Judge(s):

CHAGARES, Chief Judge, PORTER and SCIRICA, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Practice and Procedure
• 11 U.S.C. §§ 548(a)(1)(B) and 544(b)(1)

In re Cambrian Holding Co., Inc

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
• 5 months 3 days ago

Citation:

23-5507 (6th Circuit, Aug 06,2024) Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit affirmed the bankruptcy court’s “Declaration Order,” which had clarified that its previous orders barred the lessor-appellant from challenging the validity of a lease...

Judge(s):

Gibbons, Bush, and Murphy

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Executory Contracts/Leases
• Rule 7059
• 11 U.S.C § 363

McIntyre v. Fangman, et al.

• Summarized by Leo Weiss , Office of the U.S. Trustee
• 5 months 5 days ago

Citation:

23-1048 (10th Circuit, Aug 02,2024) Not Published

Case Status:

Affirmed

Ruling:

McIntyre had business disputes with Fangman. After interpleading the amount he admitted owing in a state court, he filed a pro se Chapter 13 bankruptcy in which he challenged the state court's...

Judge(s):

Matheson, Eid and Carson

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Venue/Jurisdiction
• Professional Practice Areas
• Labor/Employment
• Unsecured Trade Creditors
• Sec. 362

American Warrior, Inc. v. Foundation Energy Fund IV-A, L.P.

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 5 months 5 days ago

Citation:

23-30529 (5th Circuit, Aug 01,2024) Published

Case Status:

Affirmed

Ruling:

In affirming the lower courts, the Fifth Circuit holds that state court litigation in Kansas can and should proceed unaffected by a reopened chapter 7 bankruptcy case after the Chapter 7 trustee...

Judge(s):

Jones, Clement, and Wilson

Tag(s):

• 5th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction

Reyes-Colon v. Banco Popular de Puerto Rico District Court of Puerto Rico, San Juan

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 5 months 5 days ago

Citation:

22-1706 and 22-1715 (1st Circuit, Aug 01,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

On the first case, the Court concluded that the bankruptcy court had jurisdiction over the fee motion but that the fee motion was untimely, and accordingly, the Court affirmed. As to the second...

Judge(s):

Barron, Kayatta and Montecalvo

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Professional Compensation/Fees
• 11 U.S.C. § 303(i)
• 11 U.S.C. § 303(b)(1)-(2)

Congoleum Corporation V. Bath Works Corporation

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 5 months 4 days ago

Citation:

23-1295 (3rd Circuit, Aug 01,2024) Published

Case Status:

Affirmed

Ruling:

In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court finding that the Bankruptcy Court lacked good cause to reopen the former confirmed chapter 11 case of...

Judge(s):

CHAGARES, Chief Judge, MATEY and FUENTES, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Court Administration
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• 11 U.S.C. § 350

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