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In re: ELIZABETH ANN RAMSEY

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 3 years 1 week ago
Citation:
BAP No. NV-22-1202-BGC (9th Circuit, Mar 23,2023) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel (BAP) for the Ninth Circuit affirmed the bankruptcy judge's denial of a debtor defendant's motion for attorneys' fees under Section 523(d) after the debtor prevailed...
Judge(s):
BRAND, GAN, and CORBIT
Tag(s):

IN RE: KIMBALL HILL, INC., et al

Citation:
22-1724 (7th Circuit, Mar 03,2023) Published
Case Status:
Affirmed
Ruling:
In an opinion affirming a contempt finding by the U.S. Bankruptcy Court for the Northern District of Illinois (BC) affirmed by the U.S. District Court for the Northern District of Illinois (DC),...
Judge(s):
Michael Y. Scudder; Thomas Kirsch; and Candace Jackson-Akiwumi
Tag(s):

In re: MOMENTUM DEVELOPMENT, LLC,

Citation:
BAP No. CC221084 (9th Circuit, Mar 02,2023) Published
Case Status:
Affirmed
Ruling:
A bankruptcy trustee's action to avoid a transfer under 11 U.S.C. § 544(b) and Cal. Civ. Code § 3439.09 nearly seven years after the transfer occurred was timely because California law provides...
Judge(s):
CORBIT, FARIS, and LAFFERTY, Bankruptcy Judges
Tag(s):

IN RE: KIMBALL HILL, INC., et al.,

  • Summarized by Christopher Muniz , U.S. Bankruptcy Court, Southern District of Indiana
  • 3 years 3 weeks ago
Citation:
22-1724 (7th Circuit, Mar 03,2023) Published
Case Status:
Affirmed
Ruling:
The Seventh Circuit affirmed the award of more than $9.5M in damages to third party TRG Venture Two LLC (“TRG”) caused by creditor Fidelity and Deposit Company’s (“Fidelity”) pursuit of...
Judge(s):
Scudder (opinion author), Kirsch, and Jackson-Akiwumi
Tag(s):

Digital Media Solutions, LLC, et al. v. S. Univ. of Ohio, LLC, et al.

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 3 years 1 month ago
Citation:
No. 21-4014 (6th Circuit, Feb 07,2023) Published
Case Status:
Reversed
Ruling:
Tracing equity receivership principles back to the High Court of Chancery in England in the 18th century, the Sixth Circuit held a district court in a receivership case erred by approving a...
Judge(s):
Gibbons, Rogers, Murphy
Tag(s):

In re ResCap Liquidating Trust

  • Summarized by Robert Holley , Holley Driggs, Ltd
  • 3 years 1 month ago
Citation:
21-2139 (8th Circuit, Feb 02,2023) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Given that RFC's bankruptcy settlements were reasonable and entered into in good faith, the Eighth Circuit affirmed most of the judgment. The court agreed that the Client Guide granted RFC the...
Judge(s):
Loken, Colloton, Sheperd
Tag(s):

In re: LTL MANAGEMENT, LLC

Citation:
22-2003, 22-2004, 22-2005, 22-2006, 22-2007, 22-2008, 22-2009, 22-2010, 22-2011 (3rd Circuit, Jan 30,2023) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy case must be dismissed because the debtor is not in imminent financial distress. In determining whether a case was filed in good faith, bankruptcy courts can look at the financial...
Judge(s):
AMBRO, RESTREPO, and FUENTES
Tag(s):

Wendy Adelson v. Ocwen Loan Servicing, LLC

Citation:
22-2204 & 21-2972 (6th Circuit, Jan 31,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Eastern District of Michigan (DC) that affirmed the dismissal of the claims of...
Judge(s):
John B. Nalbandian; Karen N. Moore; and Eric L. Clay
Tag(s):

Lowe v. Gammon

Citation:
21-51234 (5th Circuit, Jan 13,2023) Not Published
Case Status:
Reversed and Remanded
Ruling:
Fifth Circuit reinstates a chapter 7 trustee's lawsuit against the Debtor's pre-petition state-court attorney for legal malpractice. The trustee's expert proffered an opinion on duty and breach as...
Judge(s):
Stewart, Willett, Oldham
Tag(s):

Highland Captl v. Highland Captl Mgmt

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 3 years 2 months ago
Citation:
22-10189 (5th Circuit, Jan 11,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit (1) upheld a bankruptcy court's order permitting a Reorganized Debtor to create/fund an "Indemnity Sub-Trust," in lieu of acquiring D&O insurance as...
Judge(s):
King, Stewart, and Haynes
Tag(s):

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