Dewitt v. Stewart (In re Stewart)

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 4 years 11 months ago

Citation:

18-9007 (1st Circuit, Feb 03,2020) Published

Case Status:

Reversed and Remanded

Ruling:

The bankruptcy court misapplied the standard for fraudulent intent under § 523(a)(2)(A) -- best articulated by our decision in Palmacci v. Umpierrez, 121 F.3d 781 (1st Cir. 1997) -- which it was...

Judge(s):

Howard, Torruella, Seyla

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• 11 U.S.C. § 523(a)(2)(A)

In re Dan Mazzola

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 4 years 11 months ago

Citation:

19-8007 (6th Circuit, Jan 28,2020) Not Published

Case Status:

Affirmed

Ruling:

Motion to Dismiss Chapter 11 Case denied where Creditor/Franchisor did not validly terminate franchise agreement pre-petition, affording Debtor opportunity to assume Franchise Agreement and...

Judge(s):

Buchanan, Harrison & Opperman

Tag(s):

• 6th Circuit
• Executory Contracts/Leases
• 365

Puerto Rico, LLC v. Empresas Martinez Valentin Cor

• Summarized by David Baker , Law Office of David G. Baker
• 4 years 11 months ago

Citation:

18-2103 (1st Circuit, Jan 28,2020) Published

Case Status:

Affirmed

Ruling:

For the foregoing reasons, we dismiss the appeal of the April 4 damages award, and we affirm the amount of attorneys' fees imposed.

Judge(s):

Torruella, Thompson, and Kanatta (author)

Tag(s):

• 1st Circuit
• Automatic Stay
• Practice and Procedure
• Professional Compensation/Fees
• 9023 and 9024
• 362
• 105

Wells Fargo v. Bear Stearns Co Inc

• Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
• 5 years 2 weeks ago

Citation:

18-2887 (3rd Circuit, Dec 24,2019) Published

Case Status:

Affirmed

Ruling:

(1) A Bankruptcy Court's determination of good faith regarding an obligatory post-default valuation of collateral receives mixed review on appeal. Factual findings are reviewed for clear error...

Judge(s):

Smith, McKee and Phipps

Tag(s):

• 3rd Circuit
• Automatic Stay
• Bankruptcy Litigation
• Valuation
• Finance and Banking
• Sections 101(47)(A)(v); 559; 562

Rai v. Henderson (In re VCR I, LLC)

• Summarized by Aaron Kaufman , Gray Reed LLP
• 5 years 2 weeks ago

Citation:

19-60163 (5th Circuit, Dec 19,2019) Not Published

Case Status:

Affirmed

Ruling:

Affirmed the dismissal of appeal as statutorily moot under 11 USC 363(m). The record amply supported the bankruptcy court's findings that the purchasers were "good faith" purchasers, despite...

Judge(s):

Owen, Haynes and Costa (per curiam)

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Ethics
• Financial Advisors
• Valuation
• Rule 6004
• 363

In re Millennium Lab Holdings LLC

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 5 years 1 week ago

Citation:

No. 18-3210 (Precedential) (3rd Circuit, Dec 19,2019) Published

Case Status:

Affirmed

Ruling:

The Third Circuit held the Bankruptcy Court had constitutional authority to confirm a reorganization plan containing third party releases of RICO/fraud claims by a lender against the debtor's...

Judge(s):

CHAGARES, JORDAN, and RESTREPO

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Claims
• Fraud
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• 11 U.S.C. §1129; 28 U.S.C. § 157; 28 28 U.S.C. § 1334; Stern v. Marshall
• 564 U.S. 462
• 497 (2011)

In re: FirstEnergy Solutions Corp

• Summarized by J. Debbeler , Bricker Graydon LLP
• 5 years 3 weeks ago

Citation:

Nos. 18-3787/3788/4095/4097/4107/4110; File No. 19a0294p.06 (6th Circuit, Dec 12,2019) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The Sixth Circuit determined that the necessity of available and functional bankruptcy relief is generally superior to the necessity of Federal Energy Regulatory Commission's having complete or...

Judge(s):

Batchelder, Griffin and Donald

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Executory Contracts/Leases
• Practice and Procedure
• Govt. Claims/Sovereign Immunity
• Sections
• 365
• 362
• 105

LL Painting Co., Inc. v. Odyessy Contracting Corp

• Summarized by David Banker , Womble Bond Dickinson
• 5 years 1 month ago

Citation:

UNITED STATES COURT OF APPEALS Case Nos. 19-1150 & 19-1151 (3rd Circuit, Dec 12,2019) Published

Case Status:

Affirmed

Ruling:

The debtor waived its right to appeal the Bankruptcy Court's decision by entering into a stipulation that was silent as to appeals and provided that if the Bankruptcy Court determined that debtor...

Judge(s):

Ambro, Circuit Judge

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Practice and Procedure
• Venue/Jurisdiction

Ultra Petroleum Corporation, et al v. Ad Hoc Commi

• Summarized by Lars Fuller , BakerHostetler
• 5 years 1 month ago

Citation:

No. 17-20793 (5th Circuit, Nov 26,2019) Published

Case Status:

Reversed and Remanded

Ruling:

On direct appeal, 5th Cir. reversed and remanded bankruptcy court (SD Tx.) ruling that class of noteholders were impaired by solvent debtor's chapter 11 plan that provided creditors with full...

Judge(s):

Davis, Engelhardt, Oldham

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Claims
• Plan Confirmation
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Investment Banking
• § 1124

Reach, Incorporated v. J. Smith

• Summarized by Aaron Kaufman , Gray Reed LLP
• 5 years 1 month ago

Citation:

19-60175 (5th Circuit, Nov 20,2019) Not Published

Case Status:

Affirmed

Ruling:

Adding judicial gloss to its earlier Sneed Shipbuilding decision, the Court explained that not all appeals are statutorily moot under 363(m), particularly where there is no evidence of "mutual...

Judge(s):

King, Graves, Willett (per curiam)

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Claims
• Practice and Procedure
• Rule 6004
• 8002(a)
• 363

Pages

• …
• 32
• 33
• 34
• 35
• 36
• 37
• 38
• 39
• 40
• …
• previous
• next