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SEC v. Barton

Summarizing by Paris Gyparakis

Roberts v. Sender, et al.

Summarizing by Bradley Pearce

Jerry Marsh v. Madison Resource Funding Group

Citation:
20-6018 (8th Circuit, Jul 21,2021) Published
Case Status:
Affirmed
Ruling:
Finding no error in the ruling, made by the U.S. Bankruptcy Court for the District of Minnesota (BC), on the amount of damages owed to Madison Resource Funding Corp. (Madison) by Jerry Marsh...
Judge(s):
Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino
Tag(s):

In re John Finstad

Citation:
20-1857 (8th Circuit, Jul 21,2021) Published
Case Status:
Affirmed
Ruling:
In this latest chapter of a long-running dispute over farmland (Property) once owned by John and Lorie Finstad (Finstads)—and their second federal appeal involving that parcel’s ownership—the...
Judge(s):
James B. Loken; William D. Benton; and Jane L. Kelly
Tag(s):

In re Adam R. Schiller

Citation:
21-6001 (8th Circuit, Jul 15,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Remanding to the Bankruptcy Court for District of Minnesota (BC), the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) first vacate the BC's ruling denying a creditor's objection to the...
Judge(s):
Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino
Tag(s):

Offcl Comm v. Walker Cty Hospital Corp.

Citation:
Case: 20-20572 (5th Circuit, Jul 12,2021) Published
Case Status:
Affirmed
Ruling:
A creditor disputes last-minute modifications to the terms of a bankruptcy sale. The Court ruled that § 363(m) forecloses the creditor’s appeal because it failed to seek the required stay of the...
Judge(s):
Jolly, Duncan, and Oldham, Circuit Judges
Tag(s):

Twiford Enterprises, Inc. v. Rolling Hills Bank and Trust

Citation:
20-8048 (10th Circuit, Jul 09,2021) Not Published
Case Status:
Affirmed
Ruling:
In order to succeed on a claim of economic duress under Iowa law, a borrower must (1) prove that the duress resulted from the lender's wrongful and oppressive conduct and not by the borrower's...
Judge(s):
MATHESON, BACHARACH, and CARSON
Tag(s):

Frank McIntyre v. Active Energies Solar LLC

Citation:
20-1211 (10th Circuit, Jun 10,2021) Not Published
Case Status:
Dismissed
Ruling:
In line with the decision of its Bankruptcy Appellate Panel (BAP), which had dismissed the appeal of Frank McIntyre (DR), due to a lack of jurisdiction, the U.S. Court of Appeals for the Tenth...
Judge(s):
Harris L. Hartz; Mary B. Briscoe; and Robert E. Bacharach
Tag(s):

In re Lac-Megantic Train Derailment Litigation

Citation:
No. 17-1108 (1st Circuit, Jun 02,2021) Published
Case Status:
Affirmed
Ruling:
The Federal Rules of Bankruptcy Procedure, and not the Federal Rules of Civil Procedure, apply to cases for which federal courts have jurisdiction under the "related to" jurisdictional grant of 28...
Judge(s):
Lynch and Selya, Circuit Judges, and Katzmann, Judge of the US Court of International Trade, sitting by designation
Tag(s):

In re Censo, LLC

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. NV-20-1240-FLT (9th Circuit, May 28,2021) Not Published
Case Status:
Affirmed
Ruling:
Debtor's Notice of Appeal only attached the order denying Debtor's motion for reconsideration. Therefore, the BAP's ruling was limited to only the reconsideration order and not the prior stay...
Judge(s):
Honorable Faris, Lafferty, and Taylor, Bankruptcy Judges
Tag(s):

In re Crystal Cathedral Ministries

Citation:
BAP No. CC-20-1103-FLT (9th Circuit, May 28,2021) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion in sanctioning the reorganized debtor's attorney for causing the reorganized debtor to make "reckless and frivolous" arguments regarding the effect...
Judge(s):
FARIS, LAFFERTY, and TAYLOR, Bankruptcy Judges
Tag(s):

In re Venoco LLC

Citation:
Nos. 20-1061; 20-1062 and 20-1063 (3rd Circuit, May 24,2021) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court had jurisdiction over the State of California and a California commission (the "California Parties") to determine whether the California Parties owed funds to the...
Judge(s):
AMBRO, PORTER, and ROTH
Tag(s):

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