In re Vista-Pro Auto., LLC - Middle District of Tennessee at Nashville

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 5 months 1 week ago

Citation:

23-5881 (6th Circuit, Jul 26,2024) Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit Court of Appeals affirmed lower court decisions district court denying a motion to set aside a default judgment under Rule 60(b)(4) of the Federal Rules of Civil...

Judge(s):

Larsen, Boggs and McKeague. Opinion by Larsen. Dissent by McKeague.

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction

LTL MANAGEMENT LLC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 5 months 1 week ago

Citation:

23-2971 and 23-2972 (3rd Circuit, Jul 25,2024) Not Published

Case Status:

Affirmed

Ruling:

A debtor is ineligible for bankruptcy in the Third Circuit if it cannot show that it is in financial distress. A debtor's mere forecast of blockbuster verdicts against it, or the "attenuated"...

Judge(s):

RESTREPO, FREEMAN, and AMBRO, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Valuation
• Professional Practice Areas
• Mass Torts
• 1102
• 1112(b)
• 1103(a)
• 1103(c)(5)
• 330(a)(1)
• 103(g)
• 105(a)

Integrity Directional Services

• Summarized by Leo Weiss , Office of the U.S. Trustee
• 5 months 2 weeks ago

Citation:

23-6111 (10th Circuit, Jul 25,2024) Not Published

Case Status:

Reversed

Ruling:

Circuit court reversed the district court's reversal of the bankruptcy court denial of a group of creditors', "Falcon," "Amendment of Informal Proofs of Claim." The bankruptcy found that Falcon had...

Judge(s):

MATHESON, BALDOCK, and McHUGH

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Claims
• Rule 3002
• Sec. 726

Minor Children v. Roman Catholic Church of the Archdiocese of New Orleans (In re: Roman Catholic Church of the Archdiocese of New Orleans)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 5 months 3 weeks ago

Citation:

No. 23-30565 (5th Circuit, Jul 17,2024) Not Published

Case Status:

Reversed

Ruling:

The U.S. Court of Appeals for the Fifth Circuit held (a) the Minor Children had Article III standing to appeal from a bankruptcy court's decision denying their motion for a "comfort order" to...

Judge(s):

King, Jones, and Oldham

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Mass Torts
• Fed. R. Bankr. P. 8004
• Fed. R. Bankr. P. 8009
• 11 U.S.C.§ 362
• 11 U.S.C. § 503
• 11 U.S.C. § 1108

FOMB v. AmeriNational Community Services, LLC District Court of Puerto Rico, San Juan

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

Citation:

23-1747 (1st Circuit, Jul 17,2024) Published

Case Status:

Affirmed

Ruling:

Title VI of the Puerto Rico Oversight, Management, and Economic Stability Act does not alter the legal standard, found in both New York and Puerto Rico law, that the terms of a final contract...

Judge(s):

Montecalvo, Lipez, and Rikelman, Circuit Judges

Tag(s):

• 1st Circuit
• Professional Practice Areas
• Finance and Banking
• Puerto Rico

SR Construction v. RE Palm Springs

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
• 6 months 1 week ago

Citation:

23-10603 (5th Circuit, Jul 02,2024) Published

Case Status:

Affirmed

Ruling:

The Fifth Circuit held that the bankruptcy court had the “undisputed power to order the sale of a bankruptcy debtor’s assets” and that turnover of those assets pursuant to the sale order was...

Judge(s):

Barksdale, Southwick, and Graves

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Venue/Jurisdiction
• Business Reorganization

Dondero v. Highland Captl Mgmt

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 6 months 1 week ago

Citation:

22-10889 (5th Circuit, Jul 01,2024) Published

Case Status:

Affirmed

Ruling:

In its second opinion of the year arising from contempt orders and sanctions awards against the former CEO of debtor Highland Capital Management, the Fifth Circuit affirmed the Bankruptcy Court's...

Judge(s):

Southwick, Smith, and Higginson

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Ethics
• Professional Compensation/Fees
• Business Reorganization

Windstream Holdings, Inc. v. Charter Communications Operating, LLC (In re Windstream Holdings, Inc.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 6 months 2 weeks ago

Citation:

No. 22-2891-bk (2nd Circuit, Jun 24,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit affirmed a district court's ruling overturning a bankruptcy court's order holding the debtor's competitor in contempt. It held: 1) the Taggart "no...

Judge(s):

Livingston, Cabranes, and Kahn

Tag(s):

• 2nd Circuit
• Automatic Stay
• Bankruptcy Litigation
• Business Reorganization
• Telecom/Tech
• 11 U.S.C. § 105
• 11 U.S.C. § 362(a)(3)
• 11 U.S.C. § 362(k)
• 11 U.S.C. § 541

IN RE: VITAMINS ONLINE, INC. V. HEARTWISE

• Summarized by Michael Myers , Ballard Spahr LLP
• 6 months 3 weeks ago

Citation:

22-60060 (9th Circuit, Jun 20,2024) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel and bankruptcy court decisions to permissively abstain from resolving its competing claims with its former counsel,...

Judge(s):

MURGUIA, Chief Judge, and CHRISTEN and VANDYKE

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Venue/Jurisdiction
• 28 U.S.C. § 157

IN RE: A&D PROPERTY CONSULTANTS, LLC, ET

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 6 months 3 weeks ago

Citation:

23-60040 & 23-60041 (9th Circuit, Jun 06,2024) Not Published

Case Status:

Affirmed

Ruling:

Resolving consolidated appeals by A&D Property Consultants LLC (AD) of a decision by the circuit's bankruptcy appellate panel (BAP) affirming two bankruptcy court (BC) orders, the U.S. Court of...

Judge(s):

Sidney R. Thomas; Eric D. Miller; and Richard D. Bennett

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Claims
• Practice and Procedure
• Personal Bankruptcy Topics
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 7013
• 11 U.S.C. § 363(b)(1); 11 U.S.C. § 363(e); 11 U.S.C. § 363(f); 11 U.S.C. § 363(h); 11 U.S.C. § 541(a)(1)

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