Financial Oversight and Mgmt Board for Puerto Rico v. Ad Hoc Group of PREPA Bondholders

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

Citation:

17–2079 (1st Circuit, Aug 08,2018) Published

Case Status:

Reversed and Remanded

Ruling:

Vacated and remanded for further proceedings.

Judge(s):

Howard, Kayatta (author), and Torresen (D.J. Me., Sitting by designation)

Tag(s):

• 1st Circuit
• Venue/Jurisdiction
• Puerto Rico
• PROMESA

Bennett v. Lindsey

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

Citation:

No. 17-50746 (5th Circuit, Jul 11,2018) Not Published

Case Status:

Affirmed

Ruling:

The Fifth Circuit found that "even assuming that Bennett properly requested leave to amend, he did not file a proposed amended complaint in accordance with Local Rule 7015 for the Western District...

Judge(s):

DAVIS, HAYNES, and DUNCAN, Circuit Judges.

Tag(s):

• 5th Circuit
• Fraud
• Discharge/Dischargeability
• Federal Rule of Bankruptcy Procedure 7009
• Local Rule 7015
• 11 U.S.C. § 523(a)(2)(A)

In re Haggen Holdings, LLC

• Summarized by Daniel Waxman , KEWA Financial Inc.
• 6 years 5 months ago

Citation:

17-3159 (3rd Circuit, Jul 17,2018) Not Published

Case Status:

Affirmed

Ruling:

Profit-sharing provision in a lease triggered upon assignment of the lease is an unenforceable anti-assignment provision pursuant to 11 U.S.C. 365(f)(1)

Judge(s):

McKee, Shwartz, Cowen

Tag(s):

• 3rd Circuit
• Asset Sales
• Executory Contracts/Leases
• 365(f)

Francois Freres USA, Inc. v. Weiss (In re Walldesign, Inc.)

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

Citation:

BAP No, CC-17-1290-KuFS (9th Circuit, Aug 02,2018) Not Published

Case Status:

Affirmed

Ruling:

An avoidance defendant-creditor cannot rely on Rule 60 for reconsideration, instead of a timely appeal, of an order disallowing the party's proof of claim, especially where the arguments asserted...

Judge(s):

KURTZ, FARIS, and SPRAKER

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• 3008
• 9024
• 502

U.S. Department of Labor v. Harris

• Summarized by Camila Bersani , U.S. Bankruptcy Court
• 6 years 5 months ago

Citation:

17-1261 (8th Circuit, Aug 03,2018) Published

Case Status:

Affirmed

Ruling:

Eight Circuit affirmed the judgment of the bankruptcy court finding debt owed to the Department of Labor (DOL) was non-dischargeable under 11 U.S.C. Section 523(a)(4), which excepts from discharge...

Judge(s):

SMITH, MURPHY and COLLOTON

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Ethics
• Discharge/Dischargeability
• 523(a)(4)

Samuel v. JPMorgan Chase Bank, N.A.

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

Citation:

BAP No. EC-17-1036-BHKu (9th Circuit, Jul 31,2018) Not Published

Case Status:

Dismissed

Ruling:

BAP for 9th Circuit dismissed debtor's appeal as moot following appeal of order by bankruptcy court (ED Cal.) granting chapter 11 trustee's motion for (1) use of cash collateral, (2) authorizing...

Judge(s):

Brand, Hursh, Kurtz

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 363

McCleskey v. CWG Plastering, LLC

• Summarized by Kurt Carlson , Carlson Dash LLC
• 6 years 5 months ago

Citation:

No. 17-1980 (7th Circuit, Jul 31,2018) Not Published

Case Status:

Reversed and Remanded

Ruling:

The district court’s ruling on Defendant’s Motion for Summary Judgment was reversed and remanded due to the Seventh Circuit finding that Plaintiff proffered considerable evidence that a trier...

Judge(s):

Easterbrook, Hamilton, and Wood

Tag(s):

• 7th Circuit
• Fraudulent Transfers
• Commercial Fraud
• Small Business

Lind v. Spacone

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

Citation:

BAP No. EC-18-1001-BHKu (9th Circuit, Jul 27,2018) Not Published

Case Status:

Dismissed

Ruling:

BAP for 9th Circuit dismissed appeal of order approving sale as moot after trustee and buyer agreed to abandon the sale and filed new motion with bankruptcy court to approve sale. Based on...

Judge(s):

Brand, Hursh, Kurtz

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 363

Reid and Hellyer, APC v. Laski (In re Wrightwood Guest Ranch, LLC)

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

Citation:

16-56856 and 16-56869 (9th Circuit, Jul 25,2018) Published

Case Status:

Affirmed

Ruling:

A law firm representing a creditor or a party in interest in a bankruptcy case has to unequivocally state its own objection, not just its client's objection, to a proposed settlement in order to...

Judge(s):

Jay S. Bybee, Paul J. Watford, and John M. Rogers (United States Court of Appeals for the Sixth Circuit, sitting by designation)

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure

Bank v. Lehman Brothers Holdings Inc.

• Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
• 6 years 5 months ago

Citation:

17-2700-bk (2nd Circuit, Jul 18,2018) Not Published

Case Status:

Affirmed

Ruling:

Applying the "Winston" factors, See, Winston v. Mediafare Entm’t Corp., 777 F.2d 78 (2d Cir. 1985), the Court determined that the parties intended to be bound to a settlement, absent a signed...

Judge(s):

Peter W. Hall Susan L. Carney Circuit Judges John G. Koelti District Judge

Tag(s):

• 2nd Circuit
• Alternative Dispute Resolution
• Practice and Procedure
• Business Reorganization
• FRBP 9019

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