Edwards Family Partnership, et al v. Johnson

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 8 months ago

Citation:

20-61011 (5th Circuit, Apr 27,2022) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

A second review appeal and cross-appeal from the decisions of the U.S. Bankruptcy and District Courts for the Southern District of Mississippi (BC and DC) in which each party raised four issues,...

Judge(s):

Stephen A. Higginson; James L. Dennis; and Gregg J. Costa

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Fraudulent Transfers
• Plan Confirmation
• Practice and Procedure
• Valuation
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Small Business
• 11 U.S.C. § 105(a); 11 U.S.C. § 362(a); 11 U.S.C. § 362(k); 11 U.S.C. § 704; 11 U.S.C. § 1106

In re- BCB CONTRACTING SERVICES, LLC

• Summarized by Michael Myers , Ballard Spahr LLP
• 2 years 8 months ago

Citation:

BAP No. AZ-21-1254-BSF (9th Circuit, Apr 21,2022) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's sanctions award against an attorney for the chapter 7 debtor company and its non-debtor principal based on the...

Judge(s):

BRAND, SPRAKER, and FARIS

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Ethics
• Fraudulent Transfers
• Practice and Procedure
• 11 U.S.C. 105

In re- Jay Douglas Buchanan

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 8 months ago

Citation:

21-1856 (8th Circuit, Apr 22,2022) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Eighth Circuit (Circuit) reversed the grant of summary judgment by the bankruptcy court (BC), later affirmed by a bankruptcy appellate panel, in favor of Jay and...

Judge(s):

Lavenski R. Smith; Raymond W. Gruender; and Jonathan A. Kobes

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Lender Liability
• Real Estate
• Small Business
• Fed. R. Bankr. P. 3001(f); Fed. R. Bankr. P. 3003(c)(2); Fed. R. Bankr. P. 7056
• 11 U.S.C. § 523(a)(2)(A)

In re- Douglas A. Kelley

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 8 months ago

Citation:

20-3330 (8th Circuit, Apr 21,2022) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

In another appeal arising out of the Ponzi schemes of Thomas Peters (TP), the U.S. Court of Appeals for the Eighth Circuit partly diverged from the U.S. District Court for the District of...

Judge(s):

Bobby E. Shepherd; Steven M. Colloton; and Jane L. Kelly

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Lender Liability
• 11 U.S.C. § 546(e); 11 U.S.C. § 550; 11 U.S.C. § 551

Banner Bank v. Smith

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 years 8 months ago

Citation:

19-4131 (10th Circuit, Apr 19,2022) Published

Case Status:

Reversed and Remanded

Ruling:

A federal court may not use state fee-shifting statutes to award a prevailing party attorney's fees in a diversity action. Such statutes are procedural and conflict with federal procedure governing...

Judge(s):

HARTZ, PHILLIPS, and EID

Tag(s):

• 10th Circuit
• Professional Practice Areas

NCC Financial v. Investar Bank

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 8 months ago

Citation:

21-30291 (5th Circuit, Apr 14,2022) Not Published

Case Status:

Affirmed

Ruling:

In a per curiam opinion, like the United States District Court for the Middle District of Louisiana (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the decision of the U.S....

Judge(s):

Edith H. Jones; Stephen A. Higginson; and Kyle S. Duncan

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Lender Liability
• Real Estate
• Small Business
• 11 U.S.C. § 502(b)(1); 11 U.S.C. § 506(b); 11 U.S.C. § 544(a)

In re- AFFORDABLE PATIOS & SUNROOMS, dba Reno Patio and Fireplaces

• Summarized by Lars Fuller , BakerHostetler
• 2 years 8 months ago

Citation:

BAP No. NV-21-1085-TFL (9th Circuit, Apr 13,2022) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (D. Nev.) overruling chapter 7 trustee's objection to unsecured claim. Indian Tribe held valid sales tax claim...

Judge(s):

Taylor, Faris, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Professional Practice Areas
• Small Business
• Section 507(a)(8)

In re: Curare Laboratory LLC

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 2 years 9 months ago

Citation:

22-8007 (6th Circuit, Apr 08,2022) Not Published

Case Status:

Dismissed

Ruling:

The Sixth Circuit Bankruptcy Appellate Panel (BAP) denied a motion for leave to appeal an interlocutory ruling overruling an objection to employment of debtors' counsel. The BAP held the appeal...

Judge(s):

Croom, Dales and Mashburn

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Professional Compensation/Fees
• Business Reorganization
• 11 U.S.C. §§ 327

In re: CENSO, LLC

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 9 months ago

Citation:

21-1125 (9th Circuit, Apr 05,2022) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) found a post-petition order of the U.S. District Court for the District of Nevada (DC) deeming a predecessor-in-interest to Censo LLC...

Judge(s):

William J. Lafferty III; Laura S. Taylor; and Robert J. Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Finance and Banking
• Investment Banking
• Lender Liability
• Real Estate
• Fed. R. Bankr. P. 7012
• 11 U.S.C. § 362(a)(1); 11 U.S.C. § 362(a)(3); 11 U.S.C. § 362(a)(4); 11 U.S.C. § 362(a)(5)

Talarico v. Ultra Petroleum

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
• 2 years 9 months ago

Citation:

21-20049 (5th Circuit, Apr 01,2022) Not Published

Case Status:

Affirmed

Ruling:

Affirmed the District Court's dismissal of a challenge, asserted by a former shareholder of the Debtor, to the bankruptcy court's Chapter 11 confirmation order, finding in part that: "if the...

Judge(s):

Higginson, Willett, and Ho.

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation
• Practice and Procedure
• 11 U.S.C § 1129

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