Barker v. Eiler (In re Principia Equitas)

• Summarized by Lars Fuller , BakerHostetler
• 5 years 9 months ago

Citation:

BAP No. OR-18-1128-SKuF (9th Circuit, Mar 28,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Or.) denying non-debtor principal's claim objection against secured creditor who had not filed proof of claim. Secured creditor did not...

Judge(s):

Spraker, Kurtz, Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 502

Assured Guaranty Corp. v. Commonwealth of Puerto Rico

• Summarized by Samuel Henninger , Holland & Knight LLP
• 5 years 9 months ago

Citation:

Nos. 18-1165, 18-1166, 2019 WL 1349221 (1st Circuit, Mar 26,2019) Published

Case Status:

Affirmed

Ruling:

Neither Section 922(d) nor Section 928(a) require debtors to continue payments to bondholders during the pendency of the Title III proceedings.

Judge(s):

Howard, Torruella, Thompson

Tag(s):

• 1st Circuit
• Automatic Stay
• Bankruptcy Litigation
• Finance and Banking
• Insurance
• Puerto Rico
• 11 U.S.C. 922(d); 11 U.S.C. 928(a)

Operating Eng'rs Local 324 v. Bourdow Contracting, Inc.

• Summarized by Ryan Heilman , Heilman Law PLLC
• 5 years 9 months ago

Citation:

18-1491 (6th Circuit, Mar 21,2019) Published

Case Status:

Affirmed

Ruling:

Applying the alter-ego test of the NLRA, the Sixth Circuit affirmed the District Court's finding that the defendant is an alter-ego of a related bankrupt company for purposes of pension fund...

Judge(s):

CLAY, COOK, and LARSEN

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Claims
• 11 U.S.C. § 502(a); 29U.S.C §1381(a); 29 U.S.C. §151

Migrant Health Center, Inc. v. Commonwealth of Puerto Rico

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 5 years 9 months ago

Citation:

18-1783 (1st Circuit, Mar 21,2019) Published

Case Status:

Reversed and Remanded

Ruling:

The automatic stay provision of the Puerto Rico Oversight, Management, and Economic Stability Act (section 362 incorporated through section 301(a), 48 U.S.C. section 2161(a)) applies to certain...

Judge(s):

Lynch, Thompson and Baron

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Venue/Jurisdiction
• Puerto Rico
• 362

IPC (USA), Inc. v. Kathryn A. Ellis (In re Pettit Oil Company)

• Summarized by Samuel Henninger , Holland & Knight LLP
• 5 years 10 months ago

Citation:

No. 17-60081, 2019 WL 1104662 (9th Circuit, Mar 11,2019) Published

Case Status:

Affirmed

Ruling:

Proceeds from consigned goods in consignee's possession on the petition date become property of the estate unless the consignor has perfected its interest.

Judge(s):

Fletcher, Bybee, Burns

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Claims

Benzeen Inc. v. UST - United States Trustee, Woodland Hills (In re Benzeen Inc.)

• Summarized by Samuel Henninger , Holland & Knight LLP
• 5 years 10 months ago

Citation:

CC-18-1185-FLS, 2019 WL 1096334 (9th Circuit, Mar 06,2019) Not Published

Case Status:

Reversed and Remanded

Ruling:

Bankruptcy court cannot sua sponte dismiss debtor's chapter 11 case without providing debtor with proper notice prior to dismissing its case or considering the best interests of the estate and...

Judge(s):

Faris, Lafferty, Spraker

Tag(s):

• 9th Circuit
• Practice and Procedure

Imperium Insurance Company v. Shelton & Associates

• Summarized by J. Newman , Newman & Newman
• 5 years 10 months ago

Citation:

16-60728 (5th Circuit, Mar 06,2019) Not Published

Case Status:

Affirmed

Ruling:

The Court held that Shelton made material misrepresentations when he applied for insurance in January 2013 regarding the Tyler matter. Accordingly, under Mississippi law, Imperium is entitled to...

Judge(s):

JOLLY, JONES, and HAYNES

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Insurance

Michael Collins v. Tenn. Dep't of Revenue (In re Faye Foods, Inc.)

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 5 years 10 months ago

Citation:

18-5378/5386 (6th Circuit, Mar 06,2019) Not Published

Case Status:

Affirmed

Ruling:

The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...

Judge(s):

Daughtrey, Gibbons and Griffin; Opinion by Gibbons

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Claims
• Professional Practice Areas
• Bankruptcy Taxation
• 11 U.S.C § 105
• 503
• 507
• 524

Adkins v Wentz & Wentz (In re Adkins)

• Summarized by Lars Fuller , BakerHostetler
• 5 years 10 months ago

Citation:

BAP No. NV-18-1204-KuTaB (9th Circuit, Mar 05,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Nev.) in favor of defendant-debtor on plaintiff=creditor's 11 USC 523(a)(6) claim. Notwithstanding application of collateral estoppel...

Judge(s):

Kurtz, Taylor, Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Small Business
• 11 USC 523

Trinity 83 Development LLC v. Colfin Midwest Funding LLC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 5 years 10 months ago

Citation:

18-2117 (7th Circuit, Mar 01,2019) Published

Case Status:

Affirmed

Ruling:

Overruling In re River West Plaza--Chicago, LLC, 664 F.3d 668 (7th Cir. 2011), and part III of In re Sax, 796 F.2d 994 (7th Cir. 1986), (1) section 363(m) of the Bankruptcy Code does not make any...

Judge(s):

Easterbrook, Barrett, and Scudder

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• 363(m)

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