In re Carlo Bondanelli

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

Citation:

BAP No. CC-19-1175-TaFS (9th Circuit, Mar 18,2020) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) approving chapter 7 trustee's settlement of fraudulent transfer action against debtor's investment company over strenuous creditors'...

Judge(s):

Taylor, Faris, Spraker

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraudulent Transfers
• FRBP 9019
• 11 U.S.C § 548

Keach v. New Brunswicl S. Rwy. Co. Ltd.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 years 10 months ago

Citation:

19-1161 (1st Circuit, Mar 10,2020) Published

Case Status:

Affirmed

Ruling:

11 U.S.C. § 1171(b) is substantially the same as section 205(b) of the prior Bankruptcy Act. Accordingly, the decision of the First Circuit in In re Boston Maine Corp., 634 F.2d 1359 (1st Cir....

Judge(s):

Torruella, Thompson, and Barron

Tag(s):

• 1st Circuit
• Claims
• 1171(b)

In re Paul Orlandi

• Summarized by Elizabeth Lamphier , U.S. Bankruptcy Court for the Western District of Michigan
• 4 years 10 months ago

Citation:

19-8001 (6th Circuit, Feb 28,2020) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The Bankruptcy Appellate Panel for the Sixth Circuit affirmed in part and reversed in part the bankruptcy court (N.D. Ohio)'s discharge violation finding. Failure to require a contempt proceeding...

Judge(s):

Dales, Harrison (author), and Opperman

Tag(s):

• 6th Circuit
• Practice and Procedure
• Discharge/Dischargeability
• 101(12)
• 101(5)
• 11 U.S.C § 524

Allen Diamond v. Hogan Lovells US

• Summarized by David Shemano , ShemanoLaw
• 4 years 10 months ago

Citation:

15-16326 through 15-16333 (9th Circuit, Feb 27,2020) Published

Case Status:

Reversed and Remanded

Ruling:

Under the law governing law firms operating under the District of Columbia partnership law, hourly-billed matters are not property of the law firm, a former partner owes no continuing duty to the...

Judge(s):

Gould, Murguia and Freudenthal

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Fraudulent Transfers

Joseph Hill v. Raquel King

• Summarized by J. Newman , Newman & Newman
• 4 years 10 months ago

Citation:

No. 19-20492 (5th Circuit, Feb 26,2020) Published

Case Status:

Affirmed

Ruling:

Hill bears the burden of proof in this case. To establish an abuse of discretion, Hill must show that the bankruptcy court failed to apply the proper legal standard or followed improper procedures...

Judge(s):

Before DENNIS, GRAVES and WILLETT, Circuit Judges.

Tag(s):

• 5th Circuit
• Professional Compensation/Fees
• FRBP 9019
• 326 and 330

USA v. John Chesteen, Jr.

• Summarized by Aaron Kaufman , Gray Reed LLP
• 4 years 10 months ago

Citation:

19-30195 (5th Circuit, Feb 20,2020) Not Published

Case Status:

Reversed and Remanded

Ruling:

Shared-Responsibility payments (i.e., the individual mandate) under the pre-2017 version of the Affordable Care Act were not "excise taxes" entitled to priority treatment under 11 USC...

Judge(s):

Owen, Barksdale and Duncan

Tag(s):

• 5th Circuit
• Administrative Expense Claims
• Consumer Debt
• 3001
• 507(a)

In re Energy Future Holdings Corp.

• Summarized by Ryan Heilman , Heilman Law PLLC
• 4 years 10 months ago

Citation:

19-1430 (3rd Circuit, Mar 18,2020) Published

Case Status:

Affirmed

Ruling:

The Third Circuit affirmed the Bankruptcy Court's ruling confirming Debtors' plan that did not include a 524(g) trust for latent asbestos claims, holding that applying Rule 3003(c)(3) complies with...

Judge(s):

KRAUSE and MATEY (Circuit Judges) and ALEJANDRO (District Judge sitting by designation)

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Professional Practice Areas
• Business Reorganization
• Mass Torts
• Rule 3003(c)(3)
• 11 U.S.C. § 524(g); 11 U.S.C. § 524(g)

Trendsetter HR L.L.C., et al v. Zurich American In

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 years 11 months ago

Citation:

19-10056 (5th Circuit, Feb 11,2020) Published

Case Status:

Affirmed

Ruling:

(1) The bankruptcy court did not err by awarding the creditor both unpaid invoices and future claims. (2) The creditor's unpaid-invoices claim is recognized under applicable state law, and thus...

Judge(s):

ELROD, WILLETT, and OLDHAM

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Claims

In re Somerset Regional Water Resources LLC

• Summarized by Ryan Heilman , Heilman Law PLLC
• 4 years 10 months ago

Citation:

19-1874 (3rd Circuit, Feb 11,2020) Published

Case Status:

Affirmed

Ruling:

Where the sole owner of a bankruptcy company pledged his "2015 Federal tax refund" as collateral for a debtor-in-possession loan in a Chapter 11 case, the Third Circuit affirmed the bankruptcy...

Judge(s):

AMBRO, KRAUSE, and BIBAS

Tag(s):

• 3rd Circuit
• Venue/Jurisdiction
• Finance and Banking
• 28 U.S.C. §157(b)

Whirlpool v. Wells Fargo Bank (In re HHGregg)

• Summarized by Michael Cooley , Reed Smith LLP
• 4 years 11 months ago

Citation:

18-3363 (7th Circuit, Feb 11,2020) Published

Case Status:

Affirmed

Ruling:

A reclamation claim made under UCC § 2-702 and 11 U.S.C. § 546(c) does not give rise to a purchase money security interest, and is inferior to a previously perfected floating lien on the assets...

Judge(s):

Sykes, Hamilton, and Scudder

Tag(s):

• 7th Circuit
• Uniform Commercial Code/Article 9
• § 546

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