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Crystallex International Corp. v. Petroleos De Venezuela, S.A.

  • Summarized by Elie Worenklein , Debevoise & Plimpton LLP
  • 7 years 4 days ago
Citation:
Nos. 16-4012 & 17-1439, U.S. Court of Appeals for the Third Circuit (3rd Circuit, Jan 03,2018) Published
Case Status:
Reversed
Ruling:
A transfer by a non-debtor entity cannot be a “fraudulent transfer” under the Delaware Uniform Fraudulent Transfer Act (“DUFTA”).
Judge(s):
Vanaskie, Rendell and Fuentess
Tag(s):

IN RE: HALER

Citation:
17-40229 (5th Circuit, Dec 29,2017) Not Published
Case Status:
Reversed
Ruling:
Debtor's oral statement that his company was in "very fine legally [sic] financial shape" and had "plenty of cash to operate" fell within the exception under section 523(a)(2)(A) because it was an...
Judge(s):
King, Dennis and Costa (per curiam)
Tag(s):

IN RE: JOHN Q. HAMMONS FALL 2006, LLC

  • Summarized by Amy Quackenboss , American Bankruptcy Institute
  • 6 years 10 months ago
Citation:
KS-16-037 (10th Circuit, Dec 28,2017) Not Published
Case Status:
Affirmed
Ruling:
Questions of whether an entity is eligible to be a debtor under Bankruptcy Code § 109 or had the proper corporate authorization to file its case are not jurisdictional; accordingly, the bankruptcy...
Judge(s):
Michael, Romero, and Hall
Tag(s):

Burgess v. Coffey (In re Wasson Properties, Inc.)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 3 weeks ago
Citation:
BAP No. WO-17-020 (10th Circuit, Dec 15,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed ruling of bankruptcy court (W.D. Okla.) denying creditors' claim for breach of contract. Bankruptcy court properly considered parole evidence under Oklahoma contract...
Judge(s):
Karlin, Somers, Jacobvitz
Tag(s):

Bate Land Co. LP, v. Bate Land & Timber LLC (In re Bate Land & Timber LLC)

  • Summarized by Lynn Tavenner , Tavenner & Beran, PLC
  • 7 years 1 month ago
Citation:
16-2037 (4th Circuit) (4th Circuit, Dec 06,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fourth Circuit first reversed the dismissal of the appeal of the confirmation of a partial dirt-for-debt Ch. 11 plan on mootness grounds and then affirmed the Bankruptcy Court's confirmation...
Judge(s):
Judge Duncan authored the opinion, in which Judge Niemeyer and Judge Floyd joined.
Tag(s):

Garner v. Pillar Life Settlement Fund I, L.P. (In the Matter of Life Partners, Inc.)

Citation:
16-11436 (5th Circuit, Nov 29,2017) Not Published
Case Status:
Dismissed
Ruling:
The appeal was dismissed as moot because the appellants failed to appeal the bankruptcy court's order confirming a Chapter 11 plan. The plan incorporated a Settlement Agreement that extinguished...
Judge(s):
BARKDALE, DENNIS, CLEMENT
Tag(s):

Haffey v. Crocker

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 7 years 1 month ago
Citation:
15-8018/8027 (6th Circuit, Nov 28,2017) Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit BAP held the notice provided by the Bankruptcy Court's order of May 29, 2015 was not reasonably calculated to give the Debtor notice of what issues would be considered at June 2,...
Judge(s):
Humphrey, Opperman and Preston. Opinion by Preston
Tag(s):

Milby v. Templeton

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 7 years 1 month ago
Citation:
16-60022, 16-60023 (9th Circuit, Nov 21,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed the BAP's decision (i) reversing the Bankruptcy Court's dismissal of the estate's fraudulent transfer claims as being time-barred, and (ii) affirming the Bankruptcy Court's dismissal of...
Judge(s):
Kim McLane Wardlaw, Jay S. Bybee, Circuit Judges, and Harvey Bartle III, District Judge
Tag(s):

The Slovak Republic v. Loveridge (In re Eurogas, Inc.)

Citation:
16-6014 (10th Circuit, Nov 17,2017) Published
Case Status:
Affirmed
Ruling:
The appellant, Hefner, did not have standing to appeal the district court's order holding that Hefner had standing to object to a settlement approved by the bankruptcy court. The court of appeals...
Judge(s):
KELLY, MURPHY, MORITZ
Tag(s):

Elliot v. Ward (In re Sandridge Energy, Inc. Shareholder Derivative Litigation)

Citation:
16-6014 (10th Circuit, Nov 17,2017) Published
Case Status:
Affirmed
Ruling:
The plaintiff in a state-court shareholder derivative suit was not entitled to additional discovery because his claims, other than for attorney's fees, had been mooted by confirmation of a Chapter...
Judge(s):
KELLY, MURPHY, MORITZ
Tag(s):

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