IN RE: JOSEPH C. SHEEHAN

• Summarized by Amir Shachmurove , Reed Smith LLP
• 8 months 3 weeks ago

Citation:

21-2946 & 21-2954 (7th Circuit, Sep 07,2022) Published

Case Status:

Affirmed

Ruling:

Agreeing with the U.S. Bankruptcy and District Courts for the Northern District of Illinois (BC and DC), the U.S. Court of Appeals for the Seventh Circuit found bankruptcy in rem jurisdiction...

Judge(s):

Kenneth F. Ripple; Ilana K.D. Rovner; and Thomas L. Kirsch II

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Finance and Banking
• International Insolvency
• Lender Liability
• Real Estate
• Fed. R. Bankr. P. 7012
• 11 U.S.C § 362

In Re: NATHAN AARON FORREST, MARSHA WEIDMAN FORREST

• Summarized by Amir Shachmurove , Reed Smith LLP
• 9 months 3 days ago

Citation:

21-12133 (11th Circuit, Aug 31,2022) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court order dismissing a creditor's amended pleading upon concluding that § 523(a)(4) does not except debts of a trustee...

Judge(s):

Charles R. Wilson; Elizabeth L. Branch; and Barbara Lagoa

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Agriculture/PACA
• Finance and Banking
• Lender Liability
• Retail
• Small Business
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 7001(6)
• 11 U.S.C. § 523(a)(4)

Morash v. Valley Ridge Roofing and Construction, L.L.C. (In re Silver State Holdings, Assignee 7901 Boulevard 26, L.L.C.)

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 9 months 4 days ago

Citation:

21-10212 (5th Circuit, Aug 30,2022) Not Published

Case Status:

Affirmed

Ruling:

In a 2-1 opinion, the Court holds that the Texas Uniform Fraudulent Transfer Act (TUFTA) allows a junior lienholder to avoid a pre-petition foreclosure sale as a fraudulent transfer where (1) the...

Judge(s):

Costa, Haynes, Jones

Tag(s):

• 5th Circuit
• Asset Sales
• Bankruptcy Litigation
• Fraudulent Transfers
• Valuation
• Commercial Fraud
• Real Estate
• 11 U.S.C § 544(a)

In re: ESSAR STEEL MINNESOTA, LLC; ESML HOLDINGS, INC.

• Summarized by Michael Myers , Ballard Spahr LLP
• 9 months 1 week ago

Citation:

3rd Cir. No. 20-3002 (3rd Circuit, Aug 25,2022) Published

Case Status:

Reversed and Remanded

Ruling:

The Third Circuit Court of Appeals reversed the bankruptcy court's decision (certified directly from the U.S. District Court) that the bankruptcy court did not have jurisdiction over the debtor's...

Judge(s):

AMBRO, KRAUSE, and BIBAS

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Financial Advisors
• Plan Confirmation
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• 28 U.S.C. § 1334; 28 U.S.C. § 157(b)(1)

In re Bestwall

• Summarized by Amir Shachmurove , Reed Smith LLP
• 9 months 1 week ago

Citation:

21-2263 (3rd Circuit, Aug 24,2022) Published

Case Status:

Reversed and Remanded

Ruling:

Agreeing with Bestwall LLC (DR), a chapter 11 debtor in the U.S. Bankruptcy Court for the Western District of North Carolina (BC), that it had rightly invoked collateral estoppel, the U.S. Court of...

Judge(s):

Kent A. Jordan; Cheryl A. Krause; and David J. Porter

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Creditors' Committee
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Health Care
• Lender Liability
• Mass Torts
• Fed. R. Bankr. P. 2004; Fed. R. Bankr. P. 9016
• 11 U.S.C. § 524(g)

Mattlage-Thurmond v. First National Bank of McGregor

• Summarized by Bradley Pearce , Pearce Law PLLC
• 9 months 1 week ago

Citation:

22-50032 (5th Circuit, Aug 18,2022) Not Published

Case Status:

Affirmed

Ruling:

A consent order allowing a creditor to file an amended proof of claim and setting a deadline for the debtors to object to the amended claim is res judicata as to counterclaims later raised by the...

Judge(s):

Stewart, Elrod, and Graves

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Claims
• Practice and Procedure

NexPoint v. Highland Capital Management

• Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
• 9 months 1 week ago

Citation:

21-10449 (5th Circuit, Aug 19,2022) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The Fifth Circuit declined to invoke equitable mootness, as its review would not "affect the rights of parties not before the Court or the success of the plan." The Court then rejected the...

Judge(s):

Before Weiner, Graves, and Duncan, Circuit Judges. Stuart Kyle Duncan, Circuit Judge, authored the opinion.

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Creditors' Committee
• Financial Advisors
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Turnaround Issues
• Unsecured Trade Creditors

In re: INTERWORKS UNLIMITED INC.,

• Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
• 9 months 1 week ago

Citation:

CC-22-1027-STL (9th Circuit, Aug 19,2022) Not Published

Case Status:

Affirmed

Ruling:

A series of errors by the trustee's attorney led the BAP to hold that the relation back doctrine found in Fed. R. Civ. P. 15(c) did not save the trustee's adversary proceeding. The original...

Judge(s):

SPRAKER, TAYLOR, and LAFFERTY, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• 7012
• 7015
• 108(c)

IN RE: VILLAGE APOTHECARY, INC.

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 9 months 2 weeks ago

Citation:

21-1555 (6th Circuit, Aug 16,2022) Published

Case Status:

Affirmed

Ruling:

Bankruptcy court may consider the results obtained by professionals in awarding fees under 11 U.S.C. Sec. 330(a)(3), even though it is not listed as a factor in the statute. The use of "including"...

Judge(s):

Gilman, Stranch and Nalbandian, authored by Nalbandian

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Professional Compensation/Fees

In re: DEVORE STOP, a General Partnership, Debtor

• Summarized by Amir Shachmurove , Reed Smith LLP
• 9 months 2 weeks ago

Citation:

CC-21-1226-LST (9th Circuit, Aug 16,2022) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the ruling of the U.S. Bankruptcy Court for the Central District of California (BC) that found no bankruptcy court jurisdiction...

Judge(s):

William J. Lafferty III; Gary A. Spraker; and Laura S. Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Real Estate
• Retail
• Small Business
• Fed. R. Bankr. P. 7001; Fed. R. Bankr. P. 7012(b)
• 11 U.S.C § 541; 28 U
• S.C. § 1334(b); 28 U.S.C § 157(b)

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