Alan Halperin v. Mark Richards

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

Citation:

20-2793 (7th Circuit, Jul 28,2021) Published

Case Status:

Reversed and Remanded

Ruling:

In a two-part opinion, the U.S. Court of Appeals for the Seventh Circuit (Panel) held that the Employee Retirement Income Security Act (ERISA) does not preempt a bankrupt entity's creditor's state...

Judge(s):

Michael S. Kanne; Ilana K. D. Rovner; and David F. Hamilton

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Ethics
• Financial Advisors
• Fraud
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Insurance
• Labor/Employment
• Public Companies and Claims Trading

In re Algozine Masonry Restoration, Inc.

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

Citation:

20-3384 (7th Circuit, Jul 26,2021) Published

Case Status:

Affirmed

Ruling:

The priority cap for employee benefit plan claims in 11 U.S.C. § 507(a)(5) is determined on a plan-by-plan basis, even if the same union is the sponsor for two or more plans. Section 507(a)(5)'s...

Judge(s):

WOOD, ST. EVE, and KIRSCH

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Claims
• Professional Practice Areas
• Labor/Employment
• 507(a)(5)

Jerry Marsh v. Madison Resource Funding Group

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

Citation:

20-6018 (8th Circuit, Jul 21,2021) Published

Case Status:

Affirmed

Ruling:

Finding no error in the ruling, made by the U.S. Bankruptcy Court for the District of Minnesota (BC), on the amount of damages owed to Madison Resource Funding Corp. (Madison) by Jerry Marsh...

Judge(s):

Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Claims
• Fraud
• Practice and Procedure
• Discharge/Dischargeability
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 7052
• 11 U.S.C. § 523(a)(2)(A); 11 U.S.C. § 101(5); 11 U.S.C. § 101(12)

In re John Finstad

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

Citation:

20-1857 (8th Circuit, Jul 21,2021) Published

Case Status:

Affirmed

Ruling:

In this latest chapter of a long-running dispute over farmland (Property) once owned by John and Lorie Finstad (Finstads)—and their second federal appeal involving that parcel’s ownership—the...

Judge(s):

James B. Loken; William D. Benton; and Jane L. Kelly

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Agriculture/PACA
• Business Reorganization
• Chapter 12/Farm Cases
• Finance and Banking
• Real Estate
• Small Business
• 11 U.S.C § 105; 28 U.S.C. § 157(b); 28 U.S.C § 1334

In re Adam R. Schiller

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

Citation:

21-6001 (8th Circuit, Jul 15,2021) Published

Case Status:

Reversed and Remanded

Ruling:

Remanding to the Bankruptcy Court for District of Minnesota (BC), the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) first vacate the BC's ruling denying a creditor's objection to the...

Judge(s):

Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Plan Confirmation
• Practice and Procedure
• Valuation
• Professional Practice Areas
• Business Reorganization
• Chapter 12/Farm Cases
• Finance and Banking
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 3002(a); Fed. R. Bankr. P. 3015
• 11 U.S.C § 1225(b)(1); 11 U.S.C § 1225(a)(5); 11 U.S.C § 502(b)(9); 11 U.S.C § 506(a)(1); 11 U.S.C § 548(a)(1)

Offcl Comm v. Walker Cty Hospital Corp.

• Summarized by J. Newman , Newman & Newman
• 3 years 6 months ago

Citation:

Case: 20-20572 (5th Circuit, Jul 12,2021) Published

Case Status:

Affirmed

Ruling:

A creditor disputes last-minute modifications to the terms of a bankruptcy sale. The Court ruled that § 363(m) forecloses the creditor’s appeal because it failed to seek the required stay of the...

Judge(s):

Jolly, Duncan, and Oldham, Circuit Judges

Tag(s):

• 5th Circuit
• Asset Sales
• FED. R. BANKR. P. 6004(h)
• 11 U.S.C § 363(m)

Twiford Enterprises, Inc. v. Rolling Hills Bank and Trust

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 6 months ago

Citation:

20-8048 (10th Circuit, Jul 09,2021) Not Published

Case Status:

Affirmed

Ruling:

In order to succeed on a claim of economic duress under Iowa law, a borrower must (1) prove that the duress resulted from the lender's wrongful and oppressive conduct and not by the borrower's...

Judge(s):

MATHESON, BACHARACH, and CARSON

Tag(s):

• 10th Circuit
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate

Frank McIntyre v. Active Energies Solar LLC

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 7 months ago

Citation:

20-1211 (10th Circuit, Jun 10,2021) Not Published

Case Status:

Dismissed

Ruling:

In line with the decision of its Bankruptcy Appellate Panel (BAP), which had dismissed the appeal of Frank McIntyre (DR), due to a lack of jurisdiction, the U.S. Court of Appeals for the Tenth...

Judge(s):

Harris L. Hartz; Mary B. Briscoe; and Robert E. Bacharach

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Professional Practice Areas
• Fed. R. Bankr. P. 9023
• 9024; Fed. R. Civ. P. 59
• 60

In re Lac-Megantic Train Derailment Litigation

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 7 months ago

Citation:

No. 17-1108 (1st Circuit, Jun 02,2021) Published

Case Status:

Affirmed

Ruling:

The Federal Rules of Bankruptcy Procedure, and not the Federal Rules of Civil Procedure, apply to cases for which federal courts have jurisdiction under the "related to" jurisdictional grant of 28...

Judge(s):

Lynch and Selya, Circuit Judges, and Katzmann, Judge of the US Court of International Trade, sitting by designation

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• 9o23

In re Censo, LLC

• Summarized by Joel Newell , Ballard Spahr, LLP
• 3 years 7 months ago

Citation:

Ninth Circuit Bankruptcy Appellate Panel Case No. NV-20-1240-FLT (9th Circuit, May 28,2021) Not Published

Case Status:

Affirmed

Ruling:

Debtor's Notice of Appeal only attached the order denying Debtor's motion for reconsideration. Therefore, the BAP's ruling was limited to only the reconsideration order and not the prior stay...

Judge(s):

Honorable Faris, Lafferty, and Taylor, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Plan Confirmation
• Valuation
• Real Estate
• Rule 9023
• 11 U.S.C. § 362

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