Sheldon Stone v. Citizens Equity First Credit Union

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 7 months 6 days ago

Citation:

No. 23-2965 (7th Circuit, Jun 03,2024) Not Published

Case Status:

Affirmed

Ruling:

Finding that the text of Illinois’ version of the Uniform Fraudulent Transfer Act set up multiple ways in which a business can be insolvent for purposes of fraudulent transfer liability, the...

Judge(s):

EASTERBROOK, JACKSON-AKIWUMI and LEE

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Practice and Procedure
• Preferences

In re: WITCHEY ENTERPRISES, INC.

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 7 months 6 days ago

Citation:

No. 23-1883 (3rd Circuit, Jun 04,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Third Circuit affirmed a district court's determination that a bankruptcy court did not abuse its discretion in denying fees to a chapter 11 debtor's counsel based...

Judge(s):

KRAUSE, CHUNG, RENDELL

Tag(s):

• 3rd Circuit
• Administrative Expense Claims
• Ethics
• Practice and Procedure
• Professional Compensation/Fees
• Fed. R. Bankr. P. 2014; Fed. R. Bankr. P. 9014(d)
• 11 U.S.C. § 327(a); 11 U.S.C. § 372(a); 11 U.S.C. § 328(c); 11 U.S.C. § 1109(b)

IN RE: MICHAEL G. KASOLAS V. AURORA CAPIT

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 7 months 6 days ago

Citation:

23-60022 (9th Circuit, Jun 04,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit (Circuit) affirmed the dismissal of the decision of the circuit's Bankruptcy Appellate Panel (BAP) to affirm the partial dismissal of an adversary...

Judge(s):

Sidney R. Thomas; Gabriel P. Sanchez; and Consuelo Callahan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Fraudulent Transfers
• Practice and Procedure
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Small Business
• 11 U.S.C § 541; 11 U.S.C § 549(a)

Charles Breland, Jr. v. Commissioner of IRS

• Summarized by Kathleen DiSanto , Bush Ross, P.A.
• 7 months 1 week ago

Citation:

23-12345 (11th Circuit, May 31,2024) Not Published

Case Status:

Affirmed

Ruling:

The Eleventh Circuit affirmed the tax court's determination that the consent order entered between the IRS and Breland during the pendency of his chapter 11 bankruptcy did not fix Breland's tax...

Judge(s):

Wilson, Branch, and Luck, Circuit Judges.

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Claims
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Bankruptcy Taxation

CLO HoldCo, Ltd. v. Kirschner (In re Highland Cap. Mgmt. LP)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 7 months 2 weeks ago

Citation:

No. 23-10660 (5th Circuit, May 21,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court did not abuse its discretion in refusing to allow a creditor-appellant's proposed second amended claim filed 11 months after...

Judge(s):

Smith, Haynes, and Douglas

Tag(s):

• 5th Circuit
• Claims
• Plan Confirmation
• Practice and Procedure

Adams v. Roman Catholic Church

• Summarized by Bradley Pearce , Pearce Law PLLC
• 7 months 2 weeks ago

Citation:

22-30539 (5th Circuit, May 13,2024) Published

Case Status:

Affirmed

Ruling:

Members of the Official Committee of Unsecured Creditors who were removed from the Committee by the bankruptcy court did not have standing to appeal the bankruptcy court's order that removed them...

Judge(s):

King, Jones, and Oldham

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Creditors' Committee
• Practice and Procedure
• 9024 (60(b)(6))

IN RE: ZOHAR III CORP., et al.

• Summarized by David Banker , Womble Bond Dickinson
• 8 months 1 week ago

Citation:

23-2549 (3rd Circuit, Apr 23,2024) Not Published

Case Status:

Affirmed

Ruling:

OPINION NOT PRECEDENTIAL - Administrative expense claim struck because mediation communications in support of the administrative expense claim were not admissible. The parties had not waived the...

Judge(s):

CHAGARES, Chief Judge, PORTER and SCIRICA, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Bankruptcy Litigation
• Claims
• Practice and Procedure

Pub. Emps. Ret. Ass'n of N.M. v. Earley (In re PG&E Corp. Sec. Litig.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 8 months 6 days ago

Citation:

No. 22-16711 (9th Circuit, May 03,2024) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Ninth Circuit held a district court abused its discretion in imposing a "docket management" stay on a securities class action lawsuit related to a pending...

Judge(s):

Wallace, Boggs, Forrest

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Business Reorganization
• Mass Torts

Elec Reliability Council v. Phillips

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
• 8 months 1 week ago

Citation:

22-20603 (5th Circuit, Apr 29,2024) Published

Case Status:

Reversed and Remanded

Ruling:

The Fifth Circuit held that the bankruptcy court abused its discretion and erred in not abstaining from adjudicating the liquidating trustee’s claims. That is, Burford v. Sun Oil Co. compelled...

Judge(s):

Higginbotham, Smith, and Higginson

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Claims
• Venue/Jurisdiction
• Govt. Claims/Sovereign Immunity

In re MALLINCKRODT PLC,

• Summarized by Michael Myers , Ballard Spahr LLP
• 8 months 2 weeks ago

Citation:

23-1111 (3rd Circuit, Apr 25,2024) Published

Case Status:

Affirmed

Ruling:

The Third Circuit upheld the lower courts' rulings that creditor's claim for royalties was discharged in Mallinckrodt's bankruptcy.

Judge(s):

BIBAS, PORTER, and FREEMAN

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Professional Practice Areas
• Business Reorganization
• 11 USC 1141

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