BMO Harris Bank N.A. v. Carol Anderson

• Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri, St. Louis
• 5 years 10 months ago

Citation:

No. 17-3073 (7th Circuit, Feb 26,2019) Published

Case Status:

Affirmed

Ruling:

Relying on Illinois' single action rule, which requires parties to present all theories for litigation arising from a single transaction in a single proceeding, the Court found that creditors who...

Judge(s):

Easterbrook, Kanne, Brennan

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Certification
• Claims
• Practice and Procedure
• Professional Practice Areas
• Real Estate

Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe (In re Greektown Holdings)

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 5 years 10 months ago

Citation:

18-1165, 2019 WL 922658 (6th Circuit, Feb 26,2019) Published

Case Status:

Affirmed

Ruling:

Native American Tribe has sovereign immunity against suits to recover allegedly fraudulent transfers.

Judge(s):

Clay and Griffin. Zouhary dissented.

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Fraudulent Transfers
• 106
• 101(27)

In re Picard

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

Citation:

No. 17-2992(L), 2019 WL 903978 (2nd Circuit, Feb 25,2019) Published

Case Status:

Reversed and Remanded

Ruling:

Neither the presumption against extraterritoriality nor international comity principles bar the trustee of a domestic debtor from recovering property that the debtor transferred to a foreign entity...

Judge(s):

Jacobs, Pooler, Wesley

Tag(s):

• 2nd Circuit
• Fraud
• Fraudulent Transfers
• Preferences
• 11 U.S.C. § 548(a)(1)(A); 11 U.S.C. § 550(a)(2)

Mendez-Nunez v. FOMB

• Summarized by Michael Cooley , Reed Smith LLP
• 5 years 10 months ago

Citation:

18-1773 (1st Circuit, Feb 20,2019) Published

Case Status:

Affirmed

Ruling:

Claims challenging the PROMESA Board’s decisions to not certify Puerto Rico’s fiscal plan and to instead certify a fiscal plan of its own development were properly dismissed for lack of subject...

Judge(s):

Lynch, Souter (by designation), Stahl

Tag(s):

• 1st Circuit
• Practice and Procedure
• Municipal Bankruptcy
• Puerto Rico

United Bank v. Buckingham

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

Citation:

No. 18-1411, 2019 WL 855326 (4th Circuit, Feb 21,2019) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

District court applied the unclean hands doctrine too broadly in barring the claims of an unsecured creditor.

Judge(s):

King, Keenan, Quattlebaum

Tag(s):

• 4th Circuit
• Insurance

Free v. Winborne (In re: Free)

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

Citation:

18-31011 (5th Circuit, Feb 18,2019) Not Published

Case Status:

Affirmed

Ruling:

As the bankruptcy court held, Free’s retention of Turkey Creek Appraisal’s profits after James Winborne’s death was intentional, willful, and malicious. Miller v. J.B. Abrams, Inc. (In re...

Judge(s):

KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.

Tag(s):

• 5th Circuit
• Discharge/Dischargeability
• 11 U.S.C. 523(a)(6)

Aurelius Investments, LLC v. Commonwealth of Puerto Rico

• Summarized by David Baker , Law Office of David G. Baker
• 5 years 10 months ago

Citation:

18-1671, 18-1746, 18-1787 (1st Circuit, Feb 15,2019) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The members of the PROMESA board ARE subject to the Appointments Clause so the structure of the Board as it presently exists is unconstitutional. The court ordered the constitutionally-offending...

Judge(s):

Torruella (author), Thompson and Kayatta

Tag(s):

• 1st Circuit
• Puerto Rico
• N/A
• N/A

SummitBridge National v. Ollie Faison

• Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
• 5 years 11 months ago

Citation:

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT: No. 17-2441 (4th Circuit, Feb 08,2019) Published

Case Status:

Affirmed

Ruling:

The question in this appeal is whether the Bankruptcy Code bars a creditor from asserting an unsecured claim for attorneys’ fees, if those fees are incurred after the filing of a bankruptcy...

Judge(s):

Before FLOYD and HARRIS, Circuit Judges, and Donald C. COGGINS, Jr., United States District Judge for the District of South Carolina, sitting by designation. Opinion by Circuit Judge Pamela Harris.

Tag(s):

• 4th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Professional Compensation/Fees
• Professional Practice Areas
• Finance and Banking
• 11 USC 502(b); 11 USC 506(b); 11 USC 101(5)(A)

Lehman XS Trust v. Greenpoint Mortage Funding, Inc.

• Summarized by Samuel Henninger , Holland & Knight LLP
• 5 years 11 months ago

Citation:

No. 17-1290, 2019 WL 452888 (2nd Circuit, Feb 06,2019) Published

Case Status:

Affirmed

Ruling:

District court properly dismissed U.S. Bank's claims as untimely. The claims were for breach of contract, indemnification, and breach of indemnification agreements.

Judge(s):

Wesley, Chin, Carney

Tag(s):

• 2nd Circuit
• Finance and Banking
• Investment Banking

Davis.v. Asphalt Professionals, Inc. (In re Davis)

• Summarized by Lars Fuller , BakerHostetler
• 5 years 11 months ago

Citation:

BAP Nos. CC-18-1158-FKuTa & CC-18-1163-FkuTa (9th Circuit, Jan 31,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed defense judgment of bankruptcy court (CD Cal.) on creditor's 11 USC 523/727 suit. Bankruptcy court correctly followed California discretionary law of issue preclusion...

Judge(s):

Faris, Kurtz, Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Commercial Fraud
• Real Estate
• 11 USC 523

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