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In re: EMAD AZIZ MASOUD ALFAHEL and LINA NADIM FAHEL

Summarizing by Shane Ramsey

In re: EMAD AZIZ MASOUD ALFAHEL and LINA NADIM FAHEL

Summarizing by Bradley Pearce

In re: TBH19, LLC

Citation:
2:19-BK-23823-VZ, 2022 WL 16782946 (B.A.P. 9th Cir. Nov. 8, 2022) (9th Circuit, Nov 08,2022) Not Published
Case Status:
Affirmed
Ruling:
Appellants failed to raise § 502(e) in bankruptcy court and thus waived the issue on appeal. BAP found that § 502(e) did not apply because the Estate no longer had a co-obligation with a...
Judge(s):
Hon. Laura S. Taylor; Hon. Gary A. Spraker; Hon. Scott H. Gan
Tag(s):

In re: VANCE ZACHARY JOHNSON

Citation:
BAP No. CC-22-1074-LSG (9th Circuit, Nov 04,2022) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit upheld a bankruptcy court's post-trial judgment excepting a $514,245 debt from the chapter 7 debtor/appellant's discharge under 11 USC §...
Judge(s):
LAFFERTY, SPRAKER, and GAN
Tag(s):

In re: ROBERTO C. HERNANDEZ

Citation:
CC-22-1122-GLS (9th Circuit, Nov 03,2022) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel (BAP) upheld the bankruptcy court's decision overruling the debtor's objection to the claim of the debtor's brother based on both a factual finding that...
Judge(s):
GAN, LAFFERTY, and SPRAKER
Tag(s):

In re TRIANGLE CAYMAN ASSET COMPANY

Citation:
19-1251, 19-1786, 20-1284 (1st Circuit, Oct 24,2022) Published
Case Status:
Affirmed
Ruling:
In a case so complex to require a timeline, the U.S. Court of Appeals for the First Circuit (Circuit) dismissed those aspects deemed moot without any merit review but affirmed the grant of summary...
Judge(s):
Gustavo Gelpí; Kermit V. Lipez; and O. Regeriee Thompson
Tag(s):

In re: SOUTHERN CALIFORNIA RESEARCH, LLC; DARRELL MAAG,

Citation:
BAP No. CC-22-1055-TSG (9th Circuit, Oct 18,2022) Not Published
Case Status:
Dismissed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit dismissed an appeal of a bankruptcy court's order denying a creditor's motion to convert the debtors' chapter 11 cases to chapter 7 or,...
Judge(s):
TAYLOR, SPRAKER, and GAN
Tag(s):

Ultra Petro Corp v. Ad Hoc Com

Citation:
21-20008 (5th Circuit, Oct 14,2022) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit held that, while 11 U.S.C. § 502(b)(2) disallowed a contractual make-whole payment to noteholder-creditors as unmatured interest or its economic...
Judge(s):
Jolly and Elrod (majority), Oldham (dissenting)
Tag(s):

Ogle v. Morgan, et al

Citation:
20-10908 (5th Circuit, Oct 07,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fifth Circuit affirmed dismissal of the constructive fraud claims related to the settlement releases because the Delaware judgment established that reasonably equivalent value was given in...
Judge(s):
Jones and Southwick
Tag(s):

In Re: NRP LEASE HOLDINGS, LLC, et al.

Citation:
21-11742 (11th Circuit, Sep 29,2022) Published
Case Status:
Reversed and Remanded
Ruling:
The 11th Circuit reversed the district court’s order affirming the bankruptcy court’s grant of appellee’s motion for summary judgment. The 11th Circuit concluded, based on a finding from the...
Judge(s):
Newsom, Lagoa, Anderson
Tag(s):

In re Ritchie Special Credit Investments, Ltd.;

Citation:
21-2707 (8th Circuit, Sep 13,2022) Published
Case Status:
Affirmed
Ruling:
A creditor (not an investor) does not have standing to sue another creditor for aiding and abetting a fraud perpetrated by a Chapter 7 debtor if the estate could assert the claim. Such a claim, a...
Judge(s):
GRASZ, STRAS, and KOBES
Tag(s):

In re Maxus Energy Corporation

Citation:
21-2496 (3rd Circuit, Sep 09,2022) Published
Case Status:
Affirmed
Ruling:
Attorney moved from a law firm representing one party in a bankruptcy dispute to the firm representing the opposing party. The ABA's Model Rules of Professional Conduct impute the attorney's...
Judge(s):
Greenaway, Jr; Porter; and Phipps. Circuit Judges
Tag(s):

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