In re Tower Park Properties, LLC (Sunset Coast Holdings, LLC v. Hughes Investment Partnership, LLC)

Citation:
BAP No. CC-20-1223-GFL (9th Circuit, Feb 26,2021) Not Published
Case Status:
Affirmed
Ruling:
Applying an abuse of discretion standard, the BAP held that the Bankruptcy Court did not err in awarding $54,877 in attorneys' fees to a party that successfully prosecuted an unopposed motion to...
Judge(s):
GAN, FARIS, and LAFFERTY
Tag(s):

Victor Kearney v. Unsecured Creditors Committee

Citation:
19-2209 (10th Circuit, Feb 24,2021) Published
Case Status:
Affirmed
Ruling:
Affirming the Bankruptcy Appellate Panel (BAP), the U.S. Court of Appeals for the Tenth Circuit held: (1) the one-time distribution of assets of two spendthrift trusts (Trsts) for which the debtor...
Judge(s):
Stephanie K. Seymour; Jane L. Kelly; and Scott M. Matheson Jr.
Tag(s):

In re Thomas Reynolds

Citation:
19-13537 (11th Circuit, Feb 23,2021) Published
Case Status:
Reversed and Remanded
Ruling:
The doctrine of derivative jurisdiction does not apply to removed cases where the state court lacked personal jurisdiction over the defendants. Under the doctrine, jurisdiction of the federal court...
Judge(s):
Jordan, Lagoa and Brasher
Tag(s):

Deutsche Bank, et al v. US Energy Dev, et al

Citation:
19-50646 (5th Circuit, Feb 03,2021) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed bankruptcy court (WD Tx.) ruling on lien priority and conflict of law issue. Applying Delaware UCC law, bank's prior perfected blanket security interest encompassed proceeds...
Judge(s):
Jolly, Jones, Engelhardt
Tag(s):

In re Murray Energy Holdings Co.

Citation:
United States Bankruptcy Appellate Panel of the Sixth Circuit No. 20-8017 (6th Circuit, Feb 01,2021) Published
Case Status:
Dismissed
Ruling:
The Court of Appeals dismissed CONSOL's appeal of the Settlement Order and Opinion entered by the Bankruptcy Court for lack of standing. The Court of Appeals held that the Settlement Order did not...
Judge(s):
The Hons. Croom, Dales, and Wise
Tag(s):

In re GigaWatt

Citation:
20-1156 (9th Circuit, Jan 29,2021) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the order of the U.S. Bankruptcy Court for the Eastern District of Washington (BC) denying a creditor’s motion for...
Judge(s):
Robert J. Faris; Julia W. Brand; and Scott H. Gan
Tag(s):

Su v. Wilmington Trust

Citation:
20-20337 (5th Circuit, Jan 13,2021) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed District Court (SD Tx.) denial of Rule 60(b)(6) motion to set aside judgment. Appellant did not seek relief under Rule 60(b)(1) for attorney's failure to appear at hearing; Rule...
Judge(s):
Haynes, Duncan, Engelhardt
Tag(s):

Dennis Black v. Pension Benefit Guaranty Corp.

Citation:
19-1419 (6th Circuit, Dec 28,2020) Published
Case Status:
Affirmed
Ruling:
Affirming the lower court’s grant of summary judgment to the Pension Benefit Guaranty Corp. (PBGC), the U.S. Court of Appeals for the Sixth Circuit (Circuit) held that the termination of a...
Judge(s):
Eugene E. Siler Jr.; Julia S. Gibbons; and John B. Nalbandian
Tag(s):

In re Gateway Radiology Consultants

Citation:
United States Court of Appeals for the Eleventh Circuit No. 20-13462 (11th Circuit, Dec 22,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The Court of Appeals vacated the bankruptcy court's approval of Gateway Radiology Consultants' (Debtor) motion to incur indebtedness, because the COA concluded that the Small Business...
Judge(s):
The Hons. Rosenbaum, Anderson, and Carnes
Tag(s):

Flat Stone Development Co., et al v. Jay Cohen pub

Citation:
19-20152 (5th Circuit, Dec 15,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A state court that granted summary judgment improperly excluded evidence that would be sufficient to change the outcome of the summary judgment motion. The state court's evidentiary rulings are...
Judge(s):
Graves, Costa, and Engelhardt
Tag(s):

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