Whether 11 U.S.C. § 365(f), or any other portion of Title 11, authorizes a bankruptcy court’s approval of a debtor’s
partial assignment of an executory contract? It does not.
Judge(s):
Per Curiam- Richman, Chief Judge, and Southwick and Oldham.
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the findings of the U.S. Bankruptcy Court
for the Central District of California (BC) that Michael Eugene Reznick (RZ), an...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
Business debt to bank is dischargeable under facts of this case, which failed to establish the required elements under 523(a), namely: (a) a reasonable investigation would have revealed prior...
Following the Supreme Court's decision in Bartenwerfer v. Buckley, 589 U.S. 69 (2023), and Texas law establishing a person's liability for another's misrepresentations, an arbitrator's findings of...
Under 28 U.S.C. § 1961(a), a judgment entered by a bankruptcy court in an adversary proceeding must include post-judgment interest because a bankruptcy court is a unit of the district court (28...
In litigation that spanned many years, the 5th Circuit held that post-judgment interest, pursuant to 28 USC Sec. 1961(a),(c)(4) [applicable to bankruptcy courts as units of the district courts],...
A lawyer is not disqualified from representing a bankruptcy trustee solely because the firm acted as outside general counsel to a company that had been voluntarily dismissed as a defendant from...
A Ninth Circuit BAP affirmed a decision of the bankruptcy court. The court reasoned that the production company's state law contract claim was a core proceeding because it concerned the...
The U.S. Court of Appeals for the Second Circuit affirmed two orders of the U.S. District Court for the Southern District of New York (DC) finding that the district's bankruptcy court (BC)...
The Second Circuit held that in determining damages under section 548 the "value of the property" avoided is going concern value and not liquidation value.
Judge(s):
Circuit Judges Nathan, Menashi and Merriam with Judge Menashi dissenting
