In re Koshkalda

• Summarized by Lars Fuller , BakerHostetler
• 4 years 8 months ago

Citation:

BAP No. NC-19-1234-BTaF (9th Circuit, Apr 14,2020) Not Published

Case Status:

Dismissed

Ruling:

BAP for 9th Circuit dismissed appeal of chapter 7 debtor who objected to trustee's settlement with creditors. Debtor lacked standing to appeal the order approving settlement. Bankruptcy court...

Judge(s):

Brand, Taylor, Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Professional Practice Areas
• Real Estate
• FRBP 9019

In re Chieftain Steel, LLC

• Summarized by Michael Cooley , Reed Smith LLP
• 4 years 9 months ago

Citation:

19-8005 (6th Circuit, Apr 08,2020) Not Published

Case Status:

Affirmed

Ruling:

The “carve-out” provision of a cash collateral order of the sort ordinarily meant to assure payment of professionals’ fees will be interpreted according to its plain terms, and will not be...

Judge(s):

Dales, Mashburn, and Price Smith

Tag(s):

• 6th Circuit
• Professional Compensation/Fees
• 330

In re The Sunshine Group

• Summarized by Lars Fuller , BakerHostetler
• 4 years 9 months ago

Citation:

BAP Nos. CC-19-1105-GSL; CC-19-1106-GSL; CC-19-1107-GSL (9th Circuit, Apr 10,2020) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed rulings of bankruptcy court (CD Cal.) denying motion to sell property free and clear and dismissing chapter 11 case based on findings that debtor filed the petition in...

Judge(s):

Gan, Spraker, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Practice and Procedure
• Professional Practice Areas
• Real Estate
• § 1112

Wheeling and Lake Erie Ry. Co. v. Keach

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 4 years 9 months ago

Citation:

19-1894 (1st Circuit, Apr 09,2020) Published

Case Status:

Affirmed

Ruling:

The First Circuit affirmed the district court judgment giving due deference to the factfinder's resolution of the burden of proof issue.

Judge(s):

Howard, Salya and Lynch

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Practice and Procedure
• Valuation

Chittranjan Thakkar v. Bay Point Capital Partners, LLC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 years 8 months ago

Citation:

18-12536 (11th Circuit, Apr 08,2020) Published

Case Status:

Affirmed

Ruling:

The appellant did not have standing to maintain the appeal once the debtor withdrew from the appeal. Article III standing requires a person to establish a particularized, actual injury. In order to...

Judge(s):

WILSON, BRANCH, and JULIE CARNES

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure

In re Carolo Bondanelli

• Summarized by Lars Fuller , BakerHostetler
• 4 years 9 months ago

Citation:

CC-19-1175-TaFS (9th Circuit, Mar 18,2020) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed ruling of the bankruptcy court (CD Cal.) granting chapter 7 trustee's motion to approve settlement of avoidance action against multiple parties, including debtor....

Judge(s):

Taylor, Faris, Spraker

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Real Estate
• FRBP 9019

John Finstad v. James Gord

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 years 9 months ago

Citation:

19-6035 (8th Circuit, Mar 27,2020) Published

Case Status:

Affirmed

Ruling:

State courts have concurrent jurisdiction to interpret confirmed reorganization plans. Confirmed plans are new contracts between debtors and creditors whose claims are addressed in the plan....

Judge(s):

SHODEEN, DOW, and SANBERG

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Plan Confirmation

Jinil Steel Company, Limited v. Valuepart, Incorporated

• Summarized by Aaron Kaufman , Gray Reed LLP
• 4 years 9 months ago

Citation:

19-10461 (5th Circuit, Mar 20,2020) Not Published

Case Status:

Affirmed

Ruling:

Affirmed lower courts' decision to disallow a late-filed claim by a Korean-based creditor. Burden of showing excusable neglect was not met by arguments and evidence of an English-Korean language...

Judge(s):

Clement, Higginson, Engelhardt

Tag(s):

• 5th Circuit
• Claims
• 3007
• 502

Richard Lauter v. Wells Fargo Bank

• Summarized by Lars Fuller , BakerHostetler
• 4 years 9 months ago

Citation:

19-6013 (8th Circuit, Mar 19,2020) Published

Case Status:

Affirmed

Ruling:

BAP for 8th Cir. affirmed judgment of bankruptcy court (WD Missouri - KC) applying 11 USC 547(c)(1) new value defense to preference suit claim. Senior creditor's release of liens for less than full...

Judge(s):

Saladino, Schermer, Shodeen

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Preferences
• Professional Practice Areas
• 11 U.S.C. § 547(b); 11 U.S.C. § 547(c)(2); 11 U.S.C. § 547(c)(4); 11 U.S.C. § 547(c)(4)(B)

Bank of Missouri v. Family, Pharmacy, Inc

• Summarized by Michael Cooley , Reed Smith LLP
• 4 years 9 months ago

Citation:

19-6025 (8th Circuit, Mar 19,2020) Not Published

Case Status:

Reversed and Remanded

Ruling:

An oversecured creditor’s claim for postpetition default interest under § 506(b) should be computed at the rate—default or nondefault provided in the parties’ agreement, and should be...

Judge(s):

Saladino, Schermer, and Shodeen

Tag(s):

• 8th Circuit
• Claims

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