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SEC v. Barton

Summarizing by Paris Gyparakis

Roberts v. Sender, et al.

Summarizing by Bradley Pearce

In re Tribune Company

Citation:
18-2909 (3rd Circuit, Aug 26,2020) Published
Case Status:
Affirmed
Ruling:
Section 1129(b)(1) of the Bankruptcy Code supplants strict enforcement of subordination agreements among creditors, and reduction of less than one percent in the recovery to a dissenting class did...
Judge(s):
Ambro, Krause, and Bibas
Tag(s):

BBX Operating, L.L.C. v. Bank of America, N.A.

Citation:
No. 19-11050 (5th Circuit, Aug 11,2020) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed ruling of district court (ND Tx), which affirmed ruling of bankruptcy court dismissing creditor's claims against non-debtor bank for failure to state a claim. Unsecured...
Judge(s):
Smith, Graves, Ho
Tag(s):

In re Fansteel Foundry Corporation

Citation:
20-6005 (8th Circuit, Aug 07,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court's decision that a debtor's payments to a vendor were not protected by the ordinary course of business defense (11 U.S.C. § 547(c)(2)) cannot be effectively reviewed on appeal...
Judge(s):
SALADINO, Chief Judge, SCHERMER and SANBERG, Bankruptcy Judges
Tag(s):

Michael Holland, et al v. Westmoreland Coal Company

Citation:
19-20066 (5th Circuit, Aug 04,2020) Published
Case Status:
Affirmed
Ruling:
In reconciling provisions of the Coal Act and the Bankruptcy Code, the Fifth Circuit agrees with the Eleventh Circuit that a debtor coal company's payment obligations under the Coal Act may be...
Judge(s):
Costa, Davis, Smith
Tag(s):

GPIF Aspen Club LLC v. The Aspen Club & Spa, LLC

Citation:
BAP No. CO-19-043 (10th Circuit, Jul 24,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Before denying a secured creditor's motion for relief from stay in a single asset real estate case based on the creditor's argument that the debtors' plan is unconfirmable, the bankruptcy court...
Judge(s):
MICHAEL, SOMERS, and JACOBVITZ, Bankruptcy Judges
Tag(s):

Ky. Employees Retirement Sys. v. Seven Counties Servs., Inc.

Citation:
16-5569/5644 (6th Circuit, Jul 20,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Section 959(b) is not limited to compliance with health and safety laws and Debtor was required, pursuant to 28 U.S.C. 959(b), to make statutorily mandated post-petition contributions to the...
Judge(s):
Cole, McKeague, Stranche
Tag(s):

In re Javedanfar

Citation:
BAP No. CC-19-1265-TaFL (9th Circuit, Jul 08,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) awarding fraudulent transfer plaintiff-assignee damages, fees, and costs on 11 USC 544, 548, and 550 claims. Bankruptcy court did not...
Judge(s):
Taylor, Faris, Lafferty
Tag(s):

Blixseth v. Credit Suisse

Citation:
16-35304 (9th Circuit, Jun 11,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Ninth Circuit affirmed the confirmation of a Chapter 11 Plan that included a limited non-consensual third party release of certain creditors for potential claims arising out of conduct in the...
Judge(s):
Richard A. Paez, Marsha S. Berzon, and Jay S. Bybee, Circuit Judges.
Tag(s):

In re Nations First Capital, LLC

Citation:
BAP No. EC-19-1201-GLB (9th Circuit, Jun 05,2020) Not Published
Case Status:
Reversed
Ruling:
The bankruptcy court abused its discretion by reconsidering a claim disallowance under section 502(j) and FRCP 60(b)(6)) despite finding that the claimant lacked a cogent excuse for failing to...
Judge(s):
GAN, LAFFERTY, and BRAND
Tag(s):

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