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Timothy Ellis v. Westinghouse Electric CO, LLC.

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 4 years 7 months ago
Citation:
20-2867 (3rd Circuit, Aug 30,2021) Published
Case Status:
Reversed
Ruling:
The Third Circuit Court of Appeals, reversing the U.S. District Court, held that an individual creditor's post-confirmation, pre-effective date administrative expense claim was bound by the terms...
Judge(s):
AMBRO, GREENAWAY, JR., and BIBAS
Tag(s):

In re SSRE HOLDINGS, LLC

  • Summarized by Lars Fuller , BakerHostetler
  • 4 years 7 months ago
Citation:
BAP No. CC-21-1027-SGF (9th Circuit, Aug 26,2021) Not Published
Case Status:
Reversed
Ruling:
BAP for 9th Circuit reversed ruling of bankruptcy court (CD Cal.) dismissing chapter 11 case. BAP ruled that limited liability operating agreement provided manager with “full, complete, and...
Judge(s):
Spraker, Gan, Faris
Tag(s):

In re LTC Holdings, INC.

Citation:
20-3057 (3rd Circuit, Aug 18,2021) Published
Case Status:
Affirmed
Ruling:
In a case pitting a surety that had secured the completion of a project for the U.S. upon the default of the debtors (DRs) per a performance bond against the DRs' first lien creditor, the Third...
Judge(s):
D. Brooks Smith; Paul B. Matey; and D. Michael Fisher
Tag(s):

Mandel v. White Nile Software, et al

Citation:
20-40026, 20-40340 (5th Circuit, Aug 17,2021) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the lower courts' ruling that the Debtor should be denied a discharge generally under 11 USC 727(a)(3) and (4), and denied a discharge as to particular debts owed to a...
Judge(s):
Jones, Southwick, Engelhardt (Per Curiam)
Tag(s):

In re Laxmi Sarah Sundaram

Citation:
20-9008 (1st Circuit, Aug 13,2021) Published
Case Status:
Affirmed
Ruling:
Affirming the Bankruptcy Appellate Panel for the First Circuit (BAP), the U.S. Court of Appeals for the First Circuit (Circuit) reaffirmed the general jurisdictional mootness rule--when an issue...
Judge(s):
O. Rogeriee Thompson; Bruce M. Selya; and William J. Kayatta Jr.
Tag(s):

UTIER v. PREPA

Citation:
20-2041 (1st Circuit, Aug 12,2021) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirms the Title III Court's ruling allowing certain expenses incurred by PREPA under a post petition contract to transfer the operations and management of PREPA to a private...
Judge(s):
Howard, Lynch, and Kayatta
Tag(s):

Miranda v Banco Popular de Puerto Rico

Citation:
20-9006 (1st Circuit, Aug 06,2021) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the First Circuit (Circuit) affirmed the decision of the Bankruptcy Appellate Panel for the First Circuit (BAP), which itself affirmed the entry of summary judgment by...
Judge(s):
Jeffrey R. Howard; Sandra L. Lynch; and William J. Kayatta Jr.
Tag(s):

In re VeroBLue Farms USA, Inc.

Citation:
19-3413, 19-3487 (8th Circuit, Aug 05,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Albeit agreeing with the district court that it (as well as itself) had statutory subject matter jurisdiction, the U.S. Court of Appeals for the Eighth Circuit (Panel) concluded that the district...
Judge(s):
James B. Loken; Steven L. Grasz; and Jonathan A. Kobes
Tag(s):

Alan Halperin v. Mark Richards

Citation:
20-2793 (7th Circuit, Jul 28,2021) Published
Case Status:
Reversed and Remanded
Ruling:
In a two-part opinion, the U.S. Court of Appeals for the Seventh Circuit (Panel) held that the Employee Retirement Income Security Act (ERISA) does not preempt a bankrupt entity's creditor's state...
Judge(s):
Michael S. Kanne; Ilana K. D. Rovner; and David F. Hamilton
Tag(s):

In re Algozine Masonry Restoration, Inc.

Citation:
20-3384 (7th Circuit, Jul 26,2021) Published
Case Status:
Affirmed
Ruling:
The priority cap for employee benefit plan claims in 11 U.S.C. § 507(a)(5) is determined on a plan-by-plan basis, even if the same union is the sponsor for two or more plans. Section 507(a)(5)'s...
Judge(s):
WOOD, ST. EVE, and KIRSCH
Tag(s):

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