Blixseth v. Credit Suisse

Citation:
16-35304 (9th Circuit, Jun 11,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Ninth Circuit affirmed the confirmation of a Chapter 11 Plan that included a limited non-consensual third party release of certain creditors for potential claims arising out of conduct in the...
Judge(s):
Richard A. Paez, Marsha S. Berzon, and Jay S. Bybee, Circuit Judges.
Tag(s):

In re Nations First Capital, LLC

Citation:
BAP No. EC-19-1201-GLB (9th Circuit, Jun 05,2020) Not Published
Case Status:
Reversed
Ruling:
The bankruptcy court abused its discretion by reconsidering a claim disallowance under section 502(j) and FRCP 60(b)(6)) despite finding that the claimant lacked a cogent excuse for failing to...
Judge(s):
GAN, LAFFERTY, and BRAND
Tag(s):

In re S.S. Body Armor Inc.

Citation:
Nos. 19-2313, 19-2314, 19-2315 and 19-2316 (3rd Circuit, Jun 04,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
First, the Court reversed the Bankruptcy Court's finding that appellant was entitled to a contingent fee award for objecting to a derivative action settlement and thereby improving the outcome, and...
Judge(s):
Circuit Judges Restrepo, Roth, and Fisher
Tag(s):

In re Sattler

Citation:
BAP No. NV-19-1174-LBG (9th Circuit, Jun 01,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) denying debtor's motion to vacate orders entered in his involuntary chapter 7 case: a preservation order, an order denying his motion...
Judge(s):
Lafferty, Brand, Gan
Tag(s):

David Schum v. Fortress Value Recovery Fund I, et

Citation:
20-10016 (5th Circuit, May 18,2020) Not Published
Case Status:
Affirmed
Ruling:
Filing a motion to reopen a bankruptcy case base or, more accurately, to revoke the confirmation order, based on information discovered six years earlier is untimely and constitutes vexatious and...
Judge(s):
DAVIS, SMITH, and HIGGINSON
Tag(s):

In re Sergio and Esmeralda Miranda

Citation:
BAP No. CC-19-1206=LGS (9th Circuit, May 07,2020) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (CD Cal.) granting summary judgment to creditors following debtors' claims alleging breach of confirmed chapter 11...
Judge(s):
Lafferty, Gan, Spraker
Tag(s):

In re Peabody Energy Corporation

Citation:
18-3242, 19-1767 (8th Circuit, May 06,2020) Published
Case Status:
Affirmed
Ruling:
The governmental entities' claims for damages for environmental damages, other than those recognized under environmental laws such as the Clean Water Act and CERCLA and state and local equivalents...
Judge(s):
GRUENDER, ARNOLD, and SHEPHERD
Tag(s):

Kip Richards v. Rabo AgriFinance, LLC

Citation:
19-6039 (8th Circuit, May 04,2020) Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's application of Nebraska's equitable estoppel rule to determine that the members of the chapter 11 debtor could not claim personal...
Judge(s):
SCHERMER, SHODEEN and SANBERG
Tag(s):

In re Ralph and Paula Isom

Citation:
BAP No. ID-19-1198-BGL (9th Circuit, Apr 22,2020) Not Published
Case Status:
Affirmed
Ruling:
A) An appeal of an order is timely if the appellant (i) first files a motion for relief under Fed. R. Bankr. P. 9023 within 14 days of entry of the order and (ii) the files the notice of appeal...
Judge(s):
BRAND, GAN and LAFFERTY, Bankruptcy Judges
Tag(s):

Murray Kentucky Energy, Inc. v. Ceralvo Holdings, LLC.

Citation:
19-6038 (8th Circuit, Apr 23,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed ruling of bankruptcy court (ED Missouri - St. Louis) denying asset purchasers' motion to enforce order confirming the debtors’ plan of reorganization and seeking to...
Judge(s):
Saladino, Nail, Sanberg
Tag(s):

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