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THERMO CREDIT, LLC v DCA SERVICES, INC.,

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 7 years 7 months ago
Citation:
Case No. 17-4207; File No. 18a0542n.06 (6th Circuit, Oct 29,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
Sixth Circuit held that, under the Ohio UFTA, payments subject to a valid lien cannot be subject to being recovered from a transferee. The Court also held that a lender that is aware of the...
Judge(s):
Gibbons, Stranch and Bush, Circuit Judges
Tag(s):

IN RE: HOAG URGENT CARE-TUSTIN, INC.

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 7 months ago
Citation:
BAP No. CC-18-1075-FLS (9th Circuit, Oct 11,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeal of bankruptcy court (CD Cal.) denying debtors' motion to extend exclusivity period for filing chapter 11 plan. Bankruptcy court order was not final, appealable...
Judge(s):
Faris, Lafferty, Spraker
Tag(s):

IN RE: LE

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 7 months ago
Citation:
BAP No. AZ-17-1308-BaFS (9th Circuit, Oct 22,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Az.) in favor of plaintiff creditor on 11 USC 523(a)(6) claim. Defendant's conduct was tortious under Arizona state law and willful and...
Judge(s):
Bason, Faris, Spraker
Tag(s):

IN RE: SWINTEK

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 7 years 7 months ago
Citation:
No. 16-60003 (9th Circuit, Oct 22,2018) Published
Case Status:
Affirmed
Ruling:
11 U.S.C. § 108(c) tolled the period in which a judgment creditor could enforce a one-year “ORAP lien” encumbering the Debtor’s personal property under California Code of Civil Procedure...
Judge(s):
Kim McLane Wardlaw and Jay S. Bybee, Circuit Judges, and Harvey Bartle III, District Judge.
Tag(s):

BUNKER HOLDINGS LTD. v YANG MING LIBERIA CORP

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 7 months ago
Citation:
No. 16-35539 (9th Circuit, Oct 11,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. affirmed in part and reversed in part district court's (WD Wa.) summary judgment in favor of defendant vessel owner in bunker supplier's (marine fuel) suit for payment based on maritime...
Judge(s):
Smith, Watford, Rayes
Tag(s):

IN RE: INSITE CORPORATION, INC.

Citation:
17-1436 (1st Circuit, Oct 05,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The Pearlman doctrine (Pearlman v. Reliance Ins. Co., 371 U.S. 132, 141-42 (1962)), does not apply to the relationship at issue between the debtor-subcontractor and the contractor due to the...
Judge(s):
Torruella, Lipez, and Barron
Tag(s):

RUBIN v. UNITED STATES OF AMERICA

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 8 months ago
Citation:
No. 16-56633 (9th Circuit, Sep 24,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Circuit affirmed in part, reversed in part, and remanded district court (CD Cal.) judgment in favor of the US (IRS) in suit for tax refund by taxpayer based on return filed by bankruptcy...
Judge(s):
Clifton, Callahan, Hoyt
Tag(s):

IN RE: ENERGY FUTURE HOLDINGS CORP., et al,

Citation:
18-1109 (3rd Circuit, Sep 13,2018) Published
Case Status:
Affirmed
Ruling:
Majority holds the bankruptcy court did not abuse its discretion to reconsider its prior order, entered a year earlier, approving a break-up fee under a merger agreement. The order approving the...
Judge(s):
Greenaway, Jr. (author for majority), Fuentes, and Rendell (dissenting)
Tag(s):

Ress Financial Corp. v. Beaumont 1600, LLC

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 8 months ago
Citation:
BAP No. CC-17-1357-LLsTA & CC-17-1387-LLsTa (9th Circuit, Sep 07,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. reversed and remanded contempt citation of bankruptcy court (CD Cal.) finding the court made inadequate findings to support ruling. Bankruptcy court failed to find that...
Judge(s):
Lafferty, Taylor, Lastreto
Tag(s):

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