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Cox v. Specialty Vehicle Solutions, LLC

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 7 years 1 month ago
Citation:
Sixth Circuit Case Nos. 16-5289/5290 (File Name: 17a0629n.06) (6th Circuit, Nov 15,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sixth Circuit holds that an action taken in violation of an automatic stay may be validated in either of two ways: (i) by the bankruptcy court annulling the stay which permits the order to operate...
Judge(s):
Guy, Clay and White, Circuit Judges (opinion by White with dissent by Clay)
Tag(s):

Couch v. Panther Petroleum, LLC (Couch)

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 7 years 2 months ago
Citation:
No. 17-5194 (File Name: 17a0609n.06) (6th Circuit, Nov 06,2017) Not Published
Case Status:
Affirmed
Ruling:
Sixth Circuit affirmed the Bankruptcy Appellate Panel's decision upholding the Bankruptcy Court's granting of a motion for summary judgment in a non-dischargeability case finding that a state trial...
Judge(s):
Cole, Chief Judge, Rogers and Griffin, Circuit Judges. ,
Tag(s):

Burdette v. Emerald Partners, LLC (In re Cascade Ag Services, Inc.)

Citation:
WW-17-1006-BKuF, WW-17-1007-BKuF (Cross-Appeals) (9th Circuit, Nov 02,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's ruling that the debtor's transfer of 2/3 of the proceeds from its 2011 blueberry crop was avoidable as a fraudulent transfer and that the intended...
Judge(s):
BRAND, KURTZ, FARIS
Tag(s):

Law Offices of Michael R. Nevarez v. Monge (In the Matter of Monge)

  • Summarized by J. Newman , Newman & Newman
  • 7 years 2 months ago
Citation:
No. 17-50319 (5th Circuit, Nov 02,2017) Not Published
Case Status:
Affirmed
Ruling:
Appellees’ opposed motion to dismiss appeal is GRANTED. Appellant’s motion for sanctions is DENIED. Appellant’s motion to supplement the record is DENIED.
Judge(s):
DAVIS, CLEMENT, and COSTA
Tag(s):

Bais Din of Mechon L'hoyroa v. Congregation Birchos Yosef (In re Congregation Birchos Yosef)

  • Summarized by Nascine Howell , Seyfarth Shaw LLP
  • 7 years 2 months ago
Citation:
16-3620 (2nd Circuit, Nov 01,2017) Not Published
Case Status:
Affirmed
Ruling:
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s decision to dismiss the appellant’s appeal of the bankruptcy court's order due to lack of standing.
Judge(s):
Katzmann, Lohier, Jr., and Droney
Tag(s):

Momentive Performance Materials, Inc. v. Bokf, NA (In the Matter of MPM Silicones, L.L.C.)

  • Summarized by Hale Lake , Hinshaw & Culbertson LLP
  • 7 years 2 months ago
Citation:
15-1771, 15-1682, 15-1824 (2nd Circuit, Oct 20,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Second Circuit affirmed the lower court's rulings concerning priority of the Second-Lien Holders over the Subordinate Notes holders; affirmed lower court's ruling finding Senior Lien Holders...
Judge(s):
Cabranes, Pooler and Parker
Tag(s):

Tow v. Bulmahn (In the Matter of ATP Oil & Gas Corp.)

  • Summarized by J. Newman , Newman & Newman
  • 7 years 2 months ago
Citation:
No. 17-30077 (5th Circuit, Oct 27,2017) Published
Case Status:
Affirmed
Ruling:
Circuit Court affirmed the district court’s judgment that the Trustee failed to state a plausible claim upon which relief can be granted. It also held that the district court did not abuse its...
Judge(s):
REAVLEY, PRADO, and GRAVES, Circuit Judges
Tag(s):

Schepis v. Burtch (In re Pursuit Capital Management, LLC)

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 7 years 2 months ago
Citation:
No. 16-3953 (Pursuit Capital Mgmt. Fund I, L.P. v. Burtch (In re Pursuit Capital Mgmt., LLC), 2017 U.S. App. LEXIS 20889) (3rd Circuit, Oct 24,2017) Published
Case Status:
Affirmed
Ruling:
In this precedential ruling, the Third Circuit ruled that Section 363(m) moots a challenge to a trustee's sale of avoidance actions because the appellant did not obtain a stay pending appeal and a...
Judge(s):
JORDAN, KRAUSE, Circuit Judges and RICHARD G. STEARNS, District Judge sitting by designation
Tag(s):

Scharrer v. Schron (In re Fundamental Long Term Care, Inc.)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 7 years 2 months ago
Citation:
16-16462 (11th Circuit, Oct 19,2017) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court had authority under the All Writs Act and Anti-Injunction Act to enjoin plaintiffs from reviving suits in state court based on the same "nucleus of facts" as the dismissed claim. ...
Judge(s):
Jordan and Carnes (Circuit Judges) and Vinson (District Judge)
Tag(s):

Khan v. Xenon Health, LLC (In the Matter of Xenon Anesthesia of Texas, PLLC)

  • Summarized by J. Newman , Newman & Newman
  • 7 years 2 months ago
Citation:
No. 17-20156 (5th Circuit, Oct 16,2017) Not Published
Case Status:
Affirmed
Ruling:
Khan withdrew his proof of claim and currently has no ownership interest in Xenon Texas. Accordingly, he is not a party in interest and has no standing to object to Xenon Health’s proof of claim.
Judge(s):
KING, ELROD, and HIGGINSON, Circuit Judges
Tag(s):

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