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Dana French v. Linn Energy, L.L.C., et al

  • Summarized by Craig Geno , Craig M Geno PLLC
  • 5 years 4 months ago
Citation:
18-40369 (5th Circuit, Sep 03,2019) Published
Case Status:
Affirmed
Ruling:
Claimant asserted claims for, among other things, "deemed dividends". The Court held that the deemed dividends gave the Claimant benefits normally reserved for equity investors, and, as a result,...
Judge(s):
Clement, Haynes and Willett
Tag(s):

Trent Allen Bateman v. GemCap Lending I, LLC (In re Bateman)

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 5 months ago
Citation:
BAP Nos. HI-18-1302-TaSKu (9th Circuit, Aug 07,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court (D. Haw.) judgment of nondischargeability of contempt, fraud, and conversion. Evidence was clear and convincing that Debtors knew about preliminary...
Judge(s):
Taylor, Spraker, Kurtz
Tag(s):

Pasley v. Keats (In re Pasley)

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 5 years 5 months ago
Citation:
Case No. 18-8048; File Name: 19b0007p.06 (6th Circuit, Aug 06,2019) Published
Case Status:
Dismissed
Ruling:
Sixth Circuit Bankruptcy Appellate Panel (BAP) dismissed a Debtor's appeal of a bankruptcy court order which granted the Chapter 7 Trustee's motion to sell real estate owned by a single member...
Judge(s):
Harrison, Price Smith and Wise, Bankruptcy Appellate Panel Judges
Tag(s):

Port of Corpus Christi Auth v. Sherwin Alumina Company L.L.C.

Citation:
18-40557 (5th Circuit, Aug 06,2019) Published
Case Status:
Affirmed
Ruling:
The doctrine of sovereign immunity does not preclude a sale of real property under § 363(f) free and clear of an easement across such property that existed in favor of a political subdivision of...
Judge(s):
Higginbotham, Smith, and Higginson
Tag(s):

CAMPBELL V. US

Citation:
2018-2014 (Federal Circuit, Aug 01,2019) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals for the Federal Circuit confirmed the dismissal of the complaint because of lack of jurisdiction and, because, as to the claims alleging coercion, the statute of limitations...
Judge(s):
Newman, Lourie and Dyk
Tag(s):

Nabors Offshore Corporation v. Whistler Energy II, LLC

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 5 years 5 months ago
Citation:
18-30940 (5th Circuit, Jul 26,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
When can post-rejection damages be allowed as administrative expenses? The Court clarified: Claimant can prove "necessity" through "evidence of either a direct request from the...
Judge(s):
Higginson, Owen, Southwick
Tag(s):

Cranberry Growers Cooperative v. Patrick Layng

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri, St. Louis
  • 5 years 5 months ago
Citation:
No. 1:17-bk-13318-cjf (7th Cir. July 17, 2019) (7th Circuit, Jul 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the ruling below, the Seventh Circuit found "disbursement" to be an "expansive term" covering all payments made by or for a debtor, including direct payments to revolving lines of credit....
Judge(s):
Ripple, Manion, Sykes
Tag(s):

Rodney Tow v. Organo Gold Intl, Inc., et al

  • Summarized by J. Newman , Newman & Newman
  • 5 years 6 months ago
Citation:
. 18-20394 (5th Circuit, Jul 11,2019) Not Published
Case Status:
Affirmed
Ruling:
A chapter 7 trustee was not deprived of standing to sue defendants for misappropriation of trade secrets, even though the trustee's court-approved sale agreement with a third-party buyer purported...
Judge(s):
HAYNES, GRAVES, and DUNCAN,
Tag(s):

SEC, et al v. Stanford International Bank, et a

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 5 years 6 months ago
Citation:
No. 17-10663 (5th Circuit, Jun 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
Judge(s):
Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
Tag(s):

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