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Baron v. Sherman

Citation:
No. 18-10182, 2019 WL 419380 (5th Circuit, Feb 04,2019) Published
Case Status:
Affirmed
Ruling:
In the 5th Circuit, bankruptcy trustees are entitled to qualified immunity for personal harms caused by actions that, while not pursuant to a court order, fall within the scope of their official...
Judge(s):
Reavley, Elrod, Willett
Tag(s):

Altair Global Credit Opp. v Employees Retirement System (In re Oversight and Management Board for Puerto Rico)

Citation:
18-1836; 18-1837; 18-1841; 18-1855; 18-1858; 18-1868; (1st Circuit, Jan 30,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Court of Appeals agreed with the holding that the 2008 Financing Statements did not perfect the Bondholders' security interest in the Pledged Property, but determined that Bondholders met the...
Judge(s):
Lynch, Stahl and Kayatta
Tag(s):

Terry Giese v. Lexington Coal Co. (In re HNRC Dissoultion Co.)

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 5 years 11 months ago
Citation:
18-5674 (6th Circuit, Jan 24,2019) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the rulings of the Bankruptcy Court and 6th Cir. BAP, (i) finding that jurisdiction existed for removal of the case from state court to the District Court (and referral...
Judge(s):
MERRITT, GUY, and MOORE
Tag(s):

Connolly v. Morreale (In re Morreale)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 5 years 11 months ago
Citation:
BAP No. CO-18-063 (10th Circuit, Jan 22,2019) Published
Case Status:
Affirmed
Ruling:
Chapter 7 trustee, who had obtained an order in the Chapter 11 case of debtor's single-member LLC substituting himself for debtor as manager of LLC and authorizing him to manage and operate LLC's...
Judge(s):
Nugent, Michael, and Somers
Tag(s):

The PACA Trust Creditors v. Genecco Produce Inc.

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 5 years 11 months ago
Citation:
17-1949-cv, 17-2051-cv (2nd Circuit, Jan 09,2019) Published
Case Status:
Affirmed
Ruling:
Defendant in PACA action, which was both a supplier to, and a buyer of, produce from the debtor, was not entitled to a complete offset of such mutual obligations existing on the bankruptcy filing...
Judge(s):
Sack, Raggi, and Chin, Circuit Judges
Tag(s):

Ultra Petroleum Corp., et al v. Ad Hoc Committee of Unsecured Creditors of Ultra Resources Inc. (In re Ultra Petroleum Corp.)

  • Summarized by J. Newman , Newman & Newman
  • 5 years 11 months ago
Citation:
No. 17-20793 (5th Circuit, Jan 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Code impairment is not the same thing as plan impairment. Because the bankruptcy court found otherwise, it did not address whether the Code disallows the Make-Whole Amount or post-petition...
Judge(s):
DAVIS, ENGELHARDT, and OLDHAM, Circuit Judges
Tag(s):

Bennett v Garner

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 5 years 11 months ago
Citation:
No. 18-1531 (4th Circuit, Jan 16,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The 4th Circuit held that a state court judgment confirming an arbitration award did not preclude plaintiff’s fraudulent transfer claims and alter-ego claims under doctrine of res judicata. With...
Judge(s):
Keenan, Floyd, and Thacker.
Tag(s):

Slovak v. Loveridge (In re Eurogas)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 6 years 2 days ago
Citation:
17-4197 (10th Circuit, Jan 04,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
When deciding whether to allow or disallow a trustee to abandon an asset, a bankruptcy court must (1) identify the legal definition of the terms “burdensome” and “inconsequential,” (2) make...
Judge(s):
Bacharach, Ebel, Moritz (Ebel) (Bacharach concurring)
Tag(s):

IN RE: LICKING RIVER MINING, LLC

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 6 years 1 week ago
Citation:
17-6310 (6th Circuit, Dec 28,2018) Published
Case Status:
Affirmed
Ruling:
Fees of debtor and committee professionals were properly payable from "carveout" contained in Final Cash Collateral Order, notwithstanding conversion of case to Chapter 7 and despite lender's...
Judge(s):
Merritt, Daughtrey, and Stranch
Tag(s):

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