Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
7 years 8 months ago
Citation:
Nos. 147-1575 (N.D. Ill. Bankr. Case No. 12-49658) & 17-2004 (N.D. Ill. Bankr. Case No. 15-05384) (consolidated appeals) (7th Circuit, Jul 09,2018) Published
7th Circuit Court of Appeals affirmed the decision of both Bankruptcy Courts, holding that TDOR's interest, the right to pursue Bulk Sale purchasers personally for sellers' unpaid state taxes, was...
The Court of Appeals vacated the District Court's sanction order, and remanded to impose a new sanction. Under Pennsylvania law, tenants by the entirety legally are treated as one person, and...
Judge(s):
Geenaway, Jr., Krause, Circuit Judges, and Jones, District Judge sitting by designation.
5th Cir. affirmed ruling of District Court (SD Tx.) and bankruptcy court that creditor could not claim void recorded mineral lease based on default under related promissory note and settlement...
SUMMARY ORDER WITH NO PRECEDENTIAL EFFECT. Held that purported securities claim for control person liability asserted by customers in Florida action was instead a disguised claim for the...
Judge(s):
Pierre N. Leval, Gerard E. Lynch, and Christopher F. Droney, Circuit Judges
Affirmed district court and held that Appellant did not have standing to appeal order granting chapter 7 trustee's motion to employ special counsel "because the order did not reach his wallet." ...
An ambiguous tax allocation agreement between a debtor and its subsidiary that filed consolidated tax returns gave the debtor only mere legal title to a refund based on the subsidiary's prior...
Summary Order, WITH NO PRECEDENTIAL EFFECT. Stock subscription agreement not enforceable by Chapter 7 trustee in bankruptcy under 11 U.S.C. section 365(c)(2), which precludes assumption of " a...
Judge(s):
Dennis Jacobs, Denny Chin, and Raymond J. Lohier, Jr., Circuit Judges
9th Cir. issued order certifying questions to California Supreme Court regarding standing to sue under California's Unruh Act (equal protection statute). Issue was whether bankruptcy attorney had...
9th Cir. reversed district court (D. Or.), which had affirmed bankruptcy court ruling granting chapter 11 debtor's motion to designate claims for bad faith and preclude the claims from being voted...
On de novo review, the BAP affirmed the Bankruptcy Court's decision to hear, and to dismiss, all seven (7) counts of the State Action. The BAP agreed that a "proceeding" under 28 U.S.C. 1334(c)...
