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Adkins v Wentz & Wentz (In re Adkins)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 2 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):

Trinity 83 Development LLC v. Colfin Midwest Funding LLC

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):

BMO Harris Bank N.A. v. Carol Anderson

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
  • 7 years 2 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):

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

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 7 years 3 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):

In re Picard

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):

Mendez-Nunez v. FOMB

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):

Free v. Winborne (In re: Free)

  • Summarized by J. Newman , Newman & Newman
  • 7 years 3 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):

Aurelius Investments, LLC v. Commonwealth of Puerto Rico

  • Summarized by David Baker , Law Office of David G. Baker
  • 7 years 3 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):

SummitBridge National v. Ollie Faison

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 7 years 3 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):

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